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HomeMy WebLinkAbout FULL PACKET_2011-02-07MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEMS JANUARY 18, 2011 CLOSED SESSION POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 5:25 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern (5:26 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Stephanie Speakes vs City of Santa Ana, WCAB Case Nos. ADJ2758045 and ADJ3020295; Case Settlement Request. Antonio Mohr vs City of Santa Ana, WCAB Case Nos. 89 ANA 214485 and 89 ANA 227646; Case Settlement Request. CITY COUNCIL MINUTES 1 JANUARY 18, 2011 1 0A-1 1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: In re: Mercury Insurance as Subrogee for Monique Rosales, Claim No. 2010-122. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Employee Organizations: Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Service Employees International Union (SEIU) Full-Time Employees Santa Ana Service Employees International Union (SEIU) Part-time Civil Service Santa Ana Service Employees International Union (SEIU) Part-time Employees (less than 20 hours) 1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney 1 E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code § 54957.6(a) to consider the following matters: Regarding the salary and compensation of the Interim City Attorney CLOSED SESSION REPORT The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURNED THE CLOSED SESSION MEETING AT 6:02 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 18, 2011 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council CLOSED SESSION REPORT - See Report under item 19A. SPECIAL RECOGNITION Mayor Pulido introduced delegates visiting and studying our City from El Salvador. Delegates included two mayors, a police chief, a school superintendent, and two Councilmembers. Jorge Willer Patriz Castaneda, Mayor of Nahuizalco and Abraham Eldifonso Lopez de Leon, Councilmember of Sonsonate addressed the City Council and thanked them and staff for hospitality. PUBLIC COMMENTS • Ralph Allen, opined that PBID tax passed on to renters and asked Council to repeal. • Fina Chaves, requested PBID be repealed in light of the state economy. • Fernando Ceballos, dissolve PBID; benefits not equally distributed. • Tom Jackson, indicated that he has started a petition to dissolve the PBID. Samuel Romero, opined that PBID tax passed on to renters and should be dissolved; benefit of promotions not balanced; also parking meter hours should be extended to charge evening hour patrons. Claudia Arellanos (also spoke on behalf of her husband Arturo), requested that PBID be repealed; opined that tax not needed. CITY COUNCIL MINUTES 3 JANUARY 18, 2011 1 0A-3 • Nina Jun, for geographical reasons does not believe that PBID benefits her business; suggested that petition approval process different than other jurisdictions throughout the State; requested that PBID be dissolved. • Phil Lecours, does not support contracting out of services and requested continued support of union employees. • Francisco Barragan, support Downtown merchants; suggested PBID be refined; congratulated Council for decisions in 2010 specifically to fix streets and asked that some streets without sidewalks be installed. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 25C with the following modifications: • Mayor Pulido requested an excused absence for Councilmember Bustamante from the City Council and Community Redevelopment Agency Meetings; • Councilmember Benavides pulled item 20A for separate action; • Councilmember Benavides motioned to have item 13C.2. effective February 1, 2011; • Councilmember Martinez pulled item 25B for separate action; and • Councilmember Sarmiento requested a continuance on item 25C. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES 10A SECOND: Sarmiento Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) ADMINISTRATIVE MATTERS ADJOURNED REGULAR MEETING MINUTES OF JANUARY 4, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 JANUARY 18, 2011 1 0A-4 BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE RECREATION AND PARKS BOARD - Clerk of the Council Office MOTION: 1. Appoint Matthew Cruz representing Santa Ana Unified School District "SAUSD" (Replaces J. Hills) for a term expiring December 11, 2012. 2. Appoint Cindy Schultz representing Garden Grove Unified School District "GGUSD" (Replaces D. Chapel) for a term expiring December 11, 2012. 13B COUNCIL REAPPOINTMENT TO THE TRANSPORTATION CORRIDOR AGENCY - City Manager's Office MOTION: Reappoint Councilmember Vincent Sarmiento as the City of Santa Ana Representative and Councilmember Carlos Bustamante as the Alternate Representative to the Transportation Corridor Agency. 13C NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Appoint. Residing Name Board/Commission Ward 1. Laura Morfin Community Redevelopment and 4 (Replaces R. Reyna) Housing Commission 2. M. Ava Steaffens** Recreation & Parks Board 3 (Replaces, J. Stroud) **13C.2 Appointment effective February 1, 2011. 13D NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Reappoint. Residing Name Board/Commission Ward Mario Turner Planning Commission 3 CITY COUNCIL MINUTES 5 JANUARY 18, 2011 1 0A-5 13E NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11, 2012 - Clerk of the Council MOTION: Appoint. Residing Name Board/Commission Ward Alexander Nalle Planning Commission 3 (Replaces V. Betancourt) 13F NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 11, 2012 - Clerk of the Council MOTION: Reappoint. Residing Name Board/Commission Ward 1. Eugene Andres Personnel Board 3 2. Wendy Tobiska Recreation & Parks Board 5 3. Isuri Ramos Youth Commission (Regular) 2 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: 1. Approve Compromise and Release settlement agreements as follow: Stephanie Speakes vs City of Santa Ana, WCAB Case Nos. ADJ2758045 and ADJ3020295; in the amount of $65,000.00 Antonio Mohr vs City of Santa Ana, WCAB Case Nos. 89 ANA 214485 and 89 ANA 227646; in the amount of $53,988.10 2. Approve settlement agreement in the amount of $7,774.65 for the Liability Claim of Mercury Insurance as Subrogee for Monique Rosales, Claim No. 2010-122. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse Councilmember Carlos Bustamante from the City Council and Community Redevelopment Agency meetings. CITY COUNCIL MINUTES 6 JANUARY 18, 2011 1 0A-6 BUDGETARY MATTERS *Councilmember Sarmiento left the meeting at 6:36 p.m. APPROPRIATION ADJUSTMENTS 20A STRUCTURAL PLAN CHECK SERVICES - Planning and Building Agency Councilmember Benavides requested an explanation on payment of services. Planning and Building Agency Executive Director Jay Trevino indicated that cost borne by applicant. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-022 - With Nabih Youssef Associates for structural plan check services in an amount not exceed $60,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-120 - Recognizing aggregate total amounts not to exceed $60,000 in the 2010-2011 FY revenue account for structural plan check and appropriating various amounts not to exceed $60,000 to the Planning and Building Agency 2010-2011 FY budget allocation in the account for contractual services. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: PROJECTS/CHANGE ORDERS SECOND: Martinez Alvarez, Benavides, Martinez, Pulido, Tinajero (5) None (0) None (0) Sarmiento, Bustamante (2) CITY COUNCIL MINUTES 7 JANUARY 18, 2011 1 0A-7 23A CONTRACT AWARD FOR CHESTNUT AVENUE REHABILITATION BETWEEN STANDARD AVENUE AND ELK LANE (PROJECT NO. 116734) - Public Works Agency MOTION: 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $713,763 for construction of Chestnut Avenue from Standard Avenue to Elk Lane. 2. Approve a funding analysis with a total estimated construction cost of $856,500. 23B CONTRACT AWARD FOR SANTIAGO STREET REHABILITATION BETWEEN SIXTH STREET AND SANTA ANA BOULEVARD (PROJECT NO. 116737) - Public Works Agency MOTION: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $328,000 for construction of Santiago Street from Sixth Street to Santa Ana Boulevard, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a funding analysis with a total estimated construction cost of $463,300. 23C CONTRACT AWARD FOR 2010-2011 OMNIBUS CONCRETE IMPROVEMENTS (PROJECT NO. 116742) -Public Works Agency MOTION: 1. Relieve Ruiz Engineering Company of their bid in the amount of $203,554.50. 2. Award a contract to Kormx, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $224,775 for construction of Omnibus Concrete Improvements. 3. Approve a funding analysis with a total estimated construction cost of $280,800. CITY COUNCIL MINUTES 8 JANUARY 18, 2011 1 0A-8 23D CONTRACT AWARD FOR GOLDEN CIRCLE DRIVE REHABILITATION (PROJECT NO. 116747) - Public Works Agency MOTION: 1. Award a contract to Hardy and Harper the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $298,000 for construction of Golden Circle Drive Rehabilitation from First Street to 650 feet north of Fourth Street, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a Funding Analysis with a total estimated construction cost of $507,600. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25C) 25A AGMT NO. 2011-023 - CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES - Execute an amendment with Video Engineering Services for one year in an annual amount not to exceed $49,915 - Parks, Recreation & Community Services Agency 25B AGMT NO. 2011-024 - ENGINEERING SERVICES FOR THE SANTA ANA BOULEVARD GRADE SEPARATION (PROJECT NO. 106727) - Public Works Agency Continued from the January 4, 2011 City Council meeting by a vote of 7-0. Councilmember Martinez noted that City working on policy on local vendor preference. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with AECOM in an amount not to exceed $1,200,000, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. MOTION: Martinez SECOND: Alvarez CITY COUNCIL MINUTES 9 JANUARY 18, 2011 1 0A-9 VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) 25C GRAFFITI REMOVAL SERVICES Continued from the December 20, 2010 City Council meeting by a vote of 6- 0 (Sarmiento absent) and from the January 4, 2011 City Council meeting by a vote of 7-0. Item continued to the February 7, 2011 Council meeting at the request of Councilmember Sarmiento. **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A RED HILL PAVEMENT REHABILITATION COOPERATIVE AGREEMENT WITH CITY OF TUSTIN - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a cooperative agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-025 - With the City of Tustin for the rehabilitation of Red Hill Avenue from Dyer Road to Warner Avenue in an amount not to exceed $261,000 2. Adopt a resolution. RESOLUTION NO. 2011-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2007/08 CITY COUNCIL MINUTES 10 JANUARY 18, 2011 1 0A-10 MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) *Councilmember Sarmiento returned to the meeting at 6:43 p.m. THE CITY COUNCIL RECESSED AT 6:43 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENED AT 6:44 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido left the meeting at 6:44 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair. WORK STUDY SESSION WSA HOUSING ELEMENT FOLLOW-UP: HOUSING OPPORTUNITY ORDINANCE AND HARBOR CORRIDOR PLAN - Planning and Building Agency Jay Trevino, Executive Director of Planning and Building Agency and Mark Hoffman, consultant made presentation as follow- 2006-2014 Housing Element ¦ Required Element of the City's General Plan ¦ Most recent update adopted October 2009 ¦ City Council's new Housing Vision- • Equal opportunities to suitable housing ¦ Inclusive community- multigenerational, culturally diverse and sustainable ¦ Housing affordable to all income levels Tonight's Study Session Update Topics • Housing Opportunity Ordinance ¦ Draft Ordinance Prepared ¦ Obtain City Council direction on further action ¦ Harbor Corridor Plan CITY COUNCIL MINUTES 11 JANUARY 18, 2011 1 0A-11 ¦ Project Overview ¦ Results of Community Open House Housing Opportunity Ordinance ¦ State Law - General Plan Housing Element ¦ Redevelopment affordable housing obligations ¦ City Council direction with adoption of the Transit Zoning Code What is it? ¦ Proposes that 15 percent of new housing be affordable (for sale or rental) ¦ Designed to help the City meet the affordable requirement established by the Regional Housing Needs Assessment (RHNA) When Does It Apply? ¦ Windfalls or up-zoning ¦ Increase in residential density ¦ Increase in percentage of residential development ¦ Convert commercial or industrial to residential uses ¦ Convert rental units to condominium ownership How Does It Work? ¦ When new for-sale housing or apartments are built ¦ When apartments are converted to condominiums Other Options? ¦ Payment of in-lieu fee ¦ Substantial rehabilitation of an existing apartment Project Standards ¦ Dispersed throughout project ¦ Comparable design, materials, quality, and appearance ¦ For Sale Units: 45 years ¦ Rental Units: 55 years Harbor Corridor Plan ¦ Transit Corridor in the Housing Element ¦ Land identified as possible new housing sites ¦ Westminster/17th Street to just north of Edinger Avenue (2 miles) SCAG Compass Blueprint ¦ Funding for demonstration projects ¦ Enhance livability, walkability, bicycle use, and public transit ¦ Corridors can accommodate growth without changing existing neighborhoods Santa Ana Transit Vision ¦ Link downtown, employment centers, educational facilities, and expand housing choices Bus Rapid Transit ¦ OCTA is introducing four bus rapid transit (BRT) lines in Santa Ana ¦ BRT is an enhanced bus service that stops more frequently than a local bus ¦ Attract development interest in TOD-transit-oriented development ¦ Create more sustainable corridor CITY COUNCIL MINUTES 12 JANUARY 18, 2011 1 0A-12 ¦ Create a Vision for- 1 . Housing and mixed-used development opportunities 2. Economic vitality and new opportunities for businesses and residents 3. Transportation choices, with safe and efficient bus, pedestrian, and bicycle access 4. A sense of place 90A 90B Project Schedule ¦ 2010-2012: 12-18 month process to develop a vision, obtain community input, draft a plan, and conduct environmental analysis ¦ Kicked off project late October 2010 ¦ Community Open House December 9, 2010 ¦ Community Workshop Spring 2011 Open House Results Community Open House in December 2010 ¦ 63 community members: residents, property owners, local business, Community Serving Organizations ¦ Feedback- • Impact to quality of life and business from crime, loitering, noise ¦ Desire for more commercial uses to serve residents needs ¦ Innovative affordable housing choices ¦ Beautification of streetscape and architecture COMMENTS CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Announced that Little League Baseball will have sign-ups over the weekend; will have fundraisers to assist families with registration costs. Councilmember Benavides: • Thanked staff for Work Study presentation and carrying out Council vision of the Plan; • Noted that City website now has archived Council Meeting videos starting with January 4, 2011 meeting and will be available for a 12-month period; and • Expressed appreciation to Cindy Nelson, Deputy City Manager for Development Services for her invaluable service to the community, will be missed, and wishes her the best in her retirement. CITY COUNCIL MINUTES 13 JANUARY 18, 2011 1 0A-13 Councilmember Martinez- • Thanked Planning and Building Agency staff and consultants for Work Study presentation and outreach efforts on the subject; • Congratulated Mayor Pro Tern Alvarez for being elected Chair of the Orange County Water District Board; • Requested a moment of silence in memory of the Arizona tragedy; and • Asked that the media and public reach her personally for any comment or inquiry; her email address is councilwomanmartinez(a?gmail.com and her cell phone number is (714) 380-4339. Councilmember Sarmiento: • Also congratulated Mayor Pro Tern Alvarez on being elected Chair of Orange County Water District Board; and • Honored to have attended program commemorating Martin Luther King Jr. that was very inspirational. Mayor Pro Tern Alvarez- • Echoed comments by Council on tragedy in Arizona and believe that it was marked by economic tension throughout the Nation; • Thanked executive management staff for leadership, planning and building agency for tonight's presentation, public works for street improvement project, safety personnel, and neighborhood associations for partnership with the City; and • Adjourned in memory of Ruby Lynn Sanchez. ADJOURNED,- 7:40 P.M. - The next meeting of the City Council is scheduled for Monday, February 7, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. In Memory of Ruby Lynn Sanchez Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 JANUARY 18, 2011 1 0A-14 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting September 28, 2010 CALL TO ORDER The meeting was convened at 5:30 p.m. at Santa Ana Police Department, 60 Civic Center Plaza, 4'h Floor. Santa Ana, California. ATTENDANCE Councilmembers present: Claudia Alvarez, David Benavides Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Theresa Judd, Executive Inspector Hank Couisine, Sergeant Raul Rivera, and Loretta Tafoya, Recording Secretary. Public sign-ins: Irma Macias and Renee Guzman SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the July 27, 2010 meeting. MODULAR SECURING SYSTEM - Canceled 3. SANTIAGO PARK UPDATE Chief Walters stated the Police Department cori'tinues to work the POP project at Santiago Park. Sgt. Rivera reviewed the problem of lewd conduct. The City has removed the bathroom stalls, landscaped, and posted new signs indicating the park hours to deter the lewd activity. Vice Officers conducted an arrest program at Santiago Park in March which resulted in 10 to 12 arrests. The arrest program for the prior month resulted in three arrests. Patrol Officers have been encouraged to make random patrols, and the Park Rangers have been closing the restroom facilities at dusk. Mounted Patrol will also begin patrolling the park. Executive Inspector Hank Couisine said the problem is 80% under control. 4. PUBLIC COMMENTS A citizen expressed concern there are no traffic lines painted on her street. She feels it is a safety hazard. Committee member Benavides said that he would look into it. Citizens commented how the landscaping at Santiago Park has been beneficial. There was a complaint regarding the Graffiti Task Force's website being outdated and having low stats. 5. COMMITTEE MEMBER COMMENTS No comments from Committee members. 6. ITEMS FOR NEXT MEETING Update on Fire Station #3 Presentation on homicide stats 7. NEXT MEETING DATE - TBD, Santa Ana Police Facility, 60 Civic Center Plaza, 4th Floor conference room, Santa Ana, California. ,AEUQURNMENT P.M. lXJ t??9----- P UL M. WALTERS Chief of Police 13A-1 13A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Reappoint Brent Beasley, Maryann Conway, Patrick Korthuis, Donna Lin, Georgina Maldonado, Lee McMurtray, Maryam Nazeri, Robert Ruiz, Robert Tucker, and Andy Wadhera to the Santa Ana Workforce Investment Board for four-year terms. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of January 14, 2011, by a vote of 19:0 (Blank, Claudio, Didion, Figueroa, Jimenez-Hami, Korthuis, Lewis, Martinez, Medrano, Nazeri, Pina, Ray, Ruiz absent), the Workforce Investment Board recommended that the City Council reappoint Brent Beasley, Maryann Conway, Patrick Korthuis, Donna Lin, Georgina Maldonado, Lee McMurtray, Maryam Nazeri, Robert Ruiz, Robert Tucker and Andy Wadhera to the Santa Ana Workforce Investment Board for a four-year term. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Presently, there are ten board members whose terms expire in March 2011 and are being recommended for an additional four-year term reappointment to the Santa Ana Workforce Investment Board. The ten members' resumes are included as Exhibit 1, which detail their titles and employment. 13B-1 WIB Reappointments February 7, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. r Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJ N/LO/DS/kg Exhibits: 1. WIB Member Resumes 13B-2 Brent R. Beasley 283 N. Rampart St., Suite F Orange, LA 92868-1852 1979-1990 foreman, ONvenPaeLficRoofing 1990-1991 Foreman, Nan Madno Roof Co. i991 PrM';t Busirims Manager/Financial Secretary, United Union of Roofers, Waterp oofers anct A11iet1 Workers Local 220 1995-2000 Secretary/Treasurer, Western Regional District of Roofers, Waterproofers and Allied Workers 1398-Present Member, Omi nge County Tkanoop:tatior. Authority Citizen; Advisory Commute„ 1998-present PreSIUM UW d L r Ageaq of Oxwigo County 1997-Present Vice President, 0-ange Cotrrrty Central Labor Council 1991-Present Trustee,, Pacific Coast Roofers Pension Trust - 1991-Present Trustee, Union Roofers Health & Welfare Trust 199I=Present Trustee, Union T'.oofers Annuitj Trust 1991-P- at Tr,r ae, Southern California Roofers pr4 t raterpvofers joint -s ir Contnrittee As you can see 1 have vast experience waildng on different Boards and Commiu m and I feel I can bring that exparieme to the Workforce hwest-nent Board for a positiva contribution. If you haw any ttacWors please feel free to call meat. (714) 939.0-720. Sincerely, Brent R. l3wisley EXHIBIT 1 13B-3 13B-4 MARYANN E. CONWAY 33 Alicante Street Aliso Viejo, CA 92656 949.831.3190 mconwaya,dor.ca, ov EXPERIENCE: 1995 - PRESENT DEPARTMENT OF REHABILITATION, Anaheim, CA Rehabilitation Supervisor. Monitor the implementation of services to individuals with disabilities by eight unit counselors. Help maintain service agreements with local vendors. Coordinate unit and office staff meetings as well as arrange for ASl_ interpreters. Attend bi-monthly management meetings. Conduct community outreach activities. Serve on committees as appointed. Contract Administrator. Monitor 13 district-wide (Orange/San Gabriel) contracts and review contractual monthly invoices to assure compliance. Conduct quarterly meetings to measure progress in meeting specific contractual goals and report findings to District Administrator. Senior Vocational Rehabilitation Counselor. Assist with training new unit members. Research and provide data for special projects, committees, and meetings. Make presentations in the community. Coordinate services for High School students, regional center eligible. Oversee On- The-Job (OJT) Contract with Marriott, Santa Ana, CA. Vocational Rehabilitation Counselor. Coordinate services for high school students. Assist with departmental assessment of individuals with disabilities for eligibility purposes. Coordinate centralized intake unit for district office. 1993 - 1994 ARC-LONG BEACH, Long Beach, CA. Cognitive Development Instructor. Plan and implement individual and group activities; monitor behaviors; determine functional capacities in relationship to work skills, socialization for VR/WAP program. 1985 - 1992 GOODWILL INDUSTRIES OF ORANGE COUNTY, Santa Ana, CA. Rehabilitation Counselor. Develop program plans and monitor the services and progress of individuals with disabilities. Review progress and make recommendations to referring agency representatives. 13B-5 MARYANN E. CONWAY 1984 -1985 CALIFORNIA ELWYN INSTITUTE, Fountain Valley, CA. Case Manager. Responsible for 60-80 Habitation trainees in developing skills related to assembly line tasks. 1982 - 1984 ORANGE COUNTYA.R.C., Orange, CA. Floor Supervisor. Train 16 individuals to perform clean room assembly tasks. Recreation Coordinator. Coordinate daily, weekly, and annual events for Habilitation and Day Training Activity Center sites. EDUCATION: 2007 S.D.S.U., San Diego, CA Admin istration 1999 S.D.S.U., San Diego, CA 1974 C.S.U. L. B., Long Beach, CA 1973 Golden West, Huntington Beach, CA COMMITTEES: 2008 2008 2008 2005 -2007 Disabilities 2004 - Present 2004 -2006 2001 2000 -2005 2000 1999 1998 1998 1997 -1999 1997 -- Present 1997 1995 -- 1997 Certificate - Rehabilitation MS - Rehabilitation Counseling BA - Physical Education AA - Physical Education Self Employment State & District Customized Employment Asian Task Force O.C. Governor's Committee on Employment of Individuals with District Innovative Practices District Employment Committee RSA-91 IIFCS Work Group K.E.Y.S Workshop Careers 2000 Job Fair Job Placement Committee Goodwill Industries Advisory Committee Establishment Grant Review Team District Training Committee TPP Core Committee Interrater SOD Study District SOD Committee 13B-6 Patrick Korthuis Biography Sir Speedy Printing Phone: 714.574.5674 1540 S. Lyon Street Fax: 714.547.0167 Santa Ana, CA. 92705 Office Email: sspeedy112@earthlink.net Personal Email: pk.sirspeedy@earthlink.rnet Patrick was born in Bellflower, California in 1964 to a Dutch couple, Betty and Bob Korthuis. Mr. and Mrs. ICorthuis arrived in the USA a few years before Patrick was boar. He considers it a blessing to be able to be raised knowing two different cultures, the Dutch and the American culture. Patrick has an older brother, Edward and a younger sister Yvonne. Patrick was very fortunate to have been able to go to Holland several times during his youth and spend time with his Dutch relatives. The visits to Holland and the influence of his parents gave Patrick the opportunity to learn Dutch. Patrick learned the value of entrepreneurship at the age of nine when he acquired his own newspaper route, delivering for the Harold Examiner, and then moved to the Independent Press Telegram. He graduated from Gahr High School in Cerritos. He was accepted at Universal Technical Institute, where he graduated with a Diesel Mechanic degree. He worked as a Mechanic for 18 years before he and his wife decided to venture into having their own business. After some research they bought a Sir Speedy Printing. They have had their business since 1999. In 2006 they were able to purchase a building for the business which allows there to continue to grow. The business has been in Santa Ana since 1974 and at the same location until they recently moved into their new facility at 1540 S. Lyon Street in Santa Ana. Patrick is a member of the Santa Ana Chamber and Hispanic Chamber of Commerce and is past President the Santa Ana Kiwanis club. In his free time he enjoys working in the garden. His hobbies are motorcycle riding, water skiing, and snow skiing. His dream would be to one day drive a race car. Patrick has been blessed with three boys, Brandon 19, Jason 18 and Nathaniel 6wks. Brandon is in his second year of college attending LBSU and plans to attend Chiropractic College. Jason is a senior in High School and would like to be an Anesthesiologist. The youngest is Nathaniel and we don't know what he wants to be because he is only 6 weeks old and doing great. Patrick and Christy have been married for nine years and enjoy traveling, camping, golfing and walking in their neighborhood after dinner. 13B-7 13B-8 ,/ L I N 48 San Sebastian Rancho Santa Margarita, CA 92686 (949} 375-3434 E-maik t3ot)uAinta)MSCSC.org OBJECTIVE: UTILIZE '{Y EXPERIENCE. TO SERVE THE ASIAN COMMUNITY EXPERIENCE 2D0-Present Asian American Senior Citizens Service Center Santa Ana, Califomia Exerxtive Dirretar Supervising Senior Community Services Employment Progrann(SCSEP) to assist older workers in pursuing gainful employment. The goal of $CSEP is to provide job placement for low-income Asian seniors who are 55 years and older and legal residents of the Untied States. a Supezvi.siug the health education/prevention and social service programs including Cancer Control, Mental Health, Senior Employment Program, Senior Health Program and Cottnnunity Service ¦ Seeking funding for programs to serve the Asian Seniors in Orange County Conducting and implementing health education/pteyention programs for Asian Community in Orange County A Create and maintain an effective and cooperative team ¦ Oversees personal policies and procedures Collaboration with mainstream 1-3e2lth Care organizations including the American Cancer Society, Susan G. Kamm Breast Canccr Society and Orange County Health Care Agency e Budgct control n Cobaboradorn with ,Asian community based organizations, faith.-based organizations, local hospitals and Asian physicians and health educators e Working closely and building trust with the Board of Directors and community leaders for fund r2isirlg event. a Supervising daily operations and accounting functions ¦ Media contact n Translate educational materials into Chinese Outreach Ayers in Asian languages • Monthly newsletter in Chinese 8 Public speeches for events, seminars and conferences 13B-9 1999-2000 Triple Dot Corporation Santa Ana, California General ManaStr a Increased sales H Managed sales representatives in the State of California • Human resource functions, including bixing and terminations n Monitored production activites to ensure compliance-vvith 150 standards d Implemented training counts for nnN, recruits - speeding profitability a Negotiated best price for rate material and other purchasing hinetions e Supervised accounting department, including accounts receivable, accounts payable and payroll Budget control 1994-1999 Western Nutrition/Viva America, Inc. Costa Mesa, C:allforraia Adminiriraiipe and Purchasing Manager e Recruited and hired staff ftorn entry- to management-levels for marketing, sales, laboratory, quality control, production, general office and accounting positions. Administered medical, dental and workers' compensation insurance. Developed office politics and procedures and ensured compliance by employees. Purchasing Manager Pleaded the purchasing department and negotiated purchase contracts with suppliers to obtain the best possibit price for raw materials, components, lab equipment, lab supplies, as well as, facility and office supplies. Facilities Supctvisor (interdepartmental duties) a Cooperated with the Facilities and Production Manager in negotiating and obtairsing bids for various facilities improvements such as construction of a "clean room" installation, senuity system upgrades, installation of a fire protections systems and conversion of storage space to office space to accommodate the growth in staff. EDUCATION 1966-1970 Soochrnv University Taiwan a BA., Business Adnvnistmtion SKILLS _ Fluent in English, Chinese (Mandarin /Taiwanese) and 11ai Computer skills in Microsoft Word, Excel and internet INTERESTS Travel, exercise, ballroom dancing, reading and writing 13B-10 Georgina Maldonado 3843 S. Bristol Street, #104 • Santa Ana, CA 92704 . 714-272-8695 a ginaldonado@gchitl.net Education: California State University, Long Beach Bachelor of Arts in Sociology Experience: Genesis Consultants, LLC August 2008 to present Managing Partner Responsible for business development, strategic public relations/affairs to ensure access to quality health care services to the underserved/underinsured in California. Work in tandem with hospitals, providers, municipalities, educational entities, non-goverxunent agencies and businesses to expand the message on access to health care. Responsible for administration, business/strategic planning, and program development/implementation in the health care industry. Manage health and public policy efforts for Genesis Consultants, which directly impacts the health care industry. Health Net of California, Inc February 2006 to May 2008 Regional Conuminity Programs Manager - LA, Inlatld Enipire, Ventura & Orange Counties Responsible for maintaining strategic relationships with businesses and community based organizations, as well as relationships with elected officials in given region. Develop and implement community programs involving local businesses, community based organizations that are culturally competent and a regional community relations plan to support growth and retention goals for Health Net's portfolio. Engage business owners, community leaders and community-based organizations in Health Net's sponsored programs that support company brand and membership growth for all lines of business. Planned Parenthood of Orange & San Bernardino Counties (PPOSBC) May, 2005 -- January, 2006 Legislative crud Media Affairs Manager Assist in the development of sound strategic vision and planning of Public Affairs Department activities to achieve PPOSBC lobbying, education and electoral goals in both Orange and San Bernardino counties. Work in tandem with local elected officials, candidates and their staff. Collaborate with other PPOSBC departments, Planned Parenthood Affiliates of California (PPAC), Planned Parenthood Federation of America (PPFA) and community coalition partners to coordinate educational and advocacy activities at all levels of government. Cultivate and maintain positive relationships with members of the press. Responsible for representing PPOSBC and Public Affairs Department at public events, board meetings and coalition meetings. 13B-11 Maternal Outreach Management System (MOMS) March, 2000 - May, 2005 Community Affairs Coordinator Assisted with marketing and public relations activities to promote education on the importance of maternal/child health care. Responsible for facilitating collaborative agency meetings throughout Orange County. Developed communication tools to corranunity-based organizations and business leaders. Build and sustain relationships with community partners and government officials. Responsible for identifying, cultivating donor relations and assisted in the development and implementation of fundraising plans. Current Civic Affiliations: Board Member, City of Santa Ana - Workforce Investment Board (WIB) Board Member, Planned Parenthood of Orange & San Bernardino Counties, Commuiity Action Fund Specialties: Business development, Community relations, coalition building, public relations and community engagement 13B-12 M. Lee McMurtray 3000 W MacArthur Blvd Santa Ana, CA 92704 OBJECTIVE: To utilize my 14 years of banking and lending experience by advancing it with a highly- successful, well-reputable company within a dynamic and limitless market. STRENGTHS: Strong professional record: • Proven business development and portfolio management skills. • Strong knowledge of accounting and financial principles, marketing and sales management, credit analysis, and economics. • Possess the drive, intelligence and communication skills to succeed. EXPERIENCE: Cass Commercial Bank, Santa Ana, CA September 2006- Present Division Manager, Commercial Banking Division • Team leader for all aspects of commercial banking division including marketing, public relations, community service and client growth. • Manage a pipeline of over 15 clients per month. • Consistently ranked in the top 10% of bankers within the company. Sunwest Bank, Tustin, CA October 2004-September 2006 Vice President, Middle Market Commercial Banking • Manage both real estate and C&I credits. • Target market is businesses with annual sales from $10MM to $100MM. Bank of Bartlett, Bartlett, TN July 2002-August 2004 Vice President, Middle Market Commercial Banking • Manage portfolio of $23 million in loans, $20 million in deposits. • Loans ranged from $1MM to $4MM and were presented to a committee. • Surpassed all quarterly and annual goals. AmSouth Bank, Memphis, TN Sept 1998-July 2002 Vice President, Business Banking • Surpassed all quarterly and annual sales goals by at least 10 Percent. • Portfolio included manufacturing, distribution, service and wholesale industries. National Bank of Commerce, Memphis, TN Mar 1994-Sept 1998 Vice President, Small Business Division • Excellent formal training in financial analysis, credit structure and sales. • Bank was consistently ranked among the top 5 performing banks in the U.S. EDUCATION: University of Mississippi, B.B.A,, Management, 1993, Accredited American Institute of Banking: Commercial Lending, Financial Accounting, Analyzing Financial Statements, Principles of Law and Banking, and Economics for Bankers. AFFILIATIONS: Ambassador-Santa Ana Chamber of Commerce Member-Education Council, Santa Ana Chamber of Commerce Committee Member-St. Joseph's Ballet, Santa Ana, CA 13B-13 13B-14 Maryam Nazerl DDS 1717 Old Tustin Avenue Santa Ana Ca 92705 (714)835-9188 Febtoaty 28, 2009 Dear Workforce Investment Board: After meeting with Mr. Lopez and learning about the goals of the Santa Ana Workforce Board, I became hopeful about applying for and potentially serving as a member on this board. My primary interest in the area of community service and education, as evidenced by my past employment and volunteer work, is to better improve the community. Enclosed is my resume for your review. I would be honored to receive your consideration. Before attending dental school, I worked for 5 years as a dental assistant. I attended and received my dental assistant certificate and x-ray license while in high school by taking courses at the Regional Occupational Program. I learned basic techniques that allowed rile to work for several offices which helped me decide that dentistry was the path for me. I started from the most basic position in a dental office and have worked through practically all positions until I began attending USG School of Dentistry. My love of dentistry from the age of seventeen has remained the same. I love my line of work because it allows me to serve my community and bring education and health to the cities I have worked in. From my experience in dental school, I worked on sharpening my communication skills by learning how to efficiently and effectively research dental topics, analyze potential strategies, and learn clinical techniques as well as how to communicate and educate the community. My practice is patient centered; we strive to optimize patients' oral health through education and ethical moral dental practices and techniques. During my dental career I have been able to serve my community with several different organizations which allowed me to appreciate how my position could impact the community. As a result of my dental training and experiences, I possess solid clinical, writing, and educational skills which will allow me to effectively perform the work of a member on the board. I look f6tivard to hearing from you, and I hope to have the opportunity to meet with you. Sincerely, Maryam Nazeri Enclosure 13B-15 13B-16 range C o rity Labor Federation,,AFL-CIO 309 N. RAMPART STREIIT, Surm A ° ORANGE, CALIFORNIA 92868 (714) 385-1534 e FAx; (714) 385-1544 ° 13-MAIL' info@oclaboz.org July 28, 2009 Linda Summers Executive Director Santa Ana Workforce Investment Board 20 Civic Center Plaza Santa Ana, CA 92701 RE: SANTA ANA WIB NOMINATION FOR ROBERT RUIZ Dear Ms, Summers, The Orange County labor Federation would tike to nominate Robert Rulz for appointment to the Santa Ana WorkforcB InVeftMent Board. Mr. Ruiz Is currently the Secretary-Treasurer of Laborers, Local 652, located In Santa Ana. Laborers, Local 652, is afflllated with the Orange County Labor Federation. Robert Ruiz was raised In Santa Ana. He attended Saddleback High Schoof and has serves{ as the Laborers' Secretary-Treasurer since 2003, A union member for over 15 years, Mr. Ruiz himself completed the union's apprentice program and has since directed many workers to Its extensive training program. The Orange County Labor Federation currently represents over 90 unions In Orange County, representing over 150,000 union members in the county. We ask your cooperation and speedy action on this nomination. Tefere Gebre Executive Director Orange County Labor Federation CC: Robert Rutz RECEIVED AUG 17 2008 www-.oc1abor.org 13B-17 13B-18 985 1344 Jnnu.rry 27, 210 Linda Summers Santa Ana Workfora<: Cnvestmont Board 15:57:5( 01.27-2010 3/3 I would tike to offer ;gay 1,11)01- union rvl.ated crperiencc <u:ci rec-]est to to )(>Pa:nt('d to the) Santa Ana Workforce Investment Board. As a Lal-•)r Relations Repr(mentatlve with the California School Lmployees Associcatior WfTek) h<.r,• in Orange County For over eight years, fifteen years as a class :fled employed and union activist, and having bj!on a long time reside-Vt cf the C01,311ty, I feel that I am gt?a)-ified to Serve as a union repress>ntatlv,? on :his particular board. tfihi 11- not a member of the Executive J30ard of the Orange County ,abor Federation ((X;LF), I haves worked riosely in 5011darity :•rith the L.s?tders of the OCLF,,Al Ibarra and Rick Eiden, and Carlow Commacho in the -last and Tefefe; Gebre today, In addition, L was a founding member in 1994 of Pride at Work A:'L/(:(U, the latest constituency clroup of the AFL/CIO represrnting 1,:N .bi.<tt(, ray, bisexual, transgender (LGST) labor. If selected to serve oft this board I IOUld be bringing a diverse point of vier as a LGBT labor activist. Robert Tucker 13B-19 13B-20 Andy VA7adhera CALTREND Automotive Products 2121 S. Anne Street Santa Ana, CA 42704 Phone: (714) 708-5115 Fax: (714) 708-5122 Email: awadhera@a,caltrend.com Mr, Andy Wadhera is the President of CALTREND Automotive Products. ? currently REh s is a local manufacturer of automobile seat covers and bras. The company 30 employees; however, during the summer and Christmas months the number of employees increases to 50• 1& af Santa Anaus worlffoxce?ound, and hopes to contribute his knowledge to the betterment o Mr. Wadhera has over 30 years of hands-on experience in 'Owning and Managing industries in India, the United Kingdom, and the United States. He prides in sharing the extensive knowledge he has acquired fr nau??s business ?ge ventures with others. ? students Mr. Wadhera has delivered lectures on Mr. Wadhera holds the following educational degrees: Bachelor in Commerce - University of Bombay, India MBA-University of Indore, India post Graduate Diploma - London School of Economics As CALTREND's President, Dgr. Wadhera envisioned a company that would be quality driven, and up to date with the latest technology. This vision is now a reality at CALTREND due to its dual certification in QS-9000 and 9002 standards. The company is also aTIER-1 supplier to OEMs (Original Equipment Manufacturers) in the Automotive Industry. Mr. Wadhera is very interested in bringing his business knowledge as well as his personal input to the Santa Ana World'orce Investment Board. Like his vision at CALTREND, Mr. Wadhera envisions the board becoming an advocate for local businesses, specifically in keeping local businesses in our city. He is also very interested in workforce issues affecting Santa Ana, and its residents. 13B-21 13B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 19C-2 t, MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office 7611 24 Pik [,iz to C1fS, _ P w CL ErE From: Mark Lawrence, Executive Assistant to the City Manager Date: February 1, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence February1, 2009 and prior Correspondence/ February1, Chronological Files Councilmember Self-explanatory 2009 and prior Council Requests Mayor Inquiries processed for Mayor February1, 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers February1, 2009 and prior Correspondence General Correspondence Self-explanatory February1, 2009 and prior Staff Inquiries processed for Staff February1, 2009 and prior Monthly Status City Manager Self-explanatory February1, Reports 2009 and prior Payroll Records Council/Staff Self-explanatory February1, 2009 and prior February1, Travel Folders Council/Staff Self-explanatory 2009 and prior APPROVE: David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: 4 For. Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-4 MEMORANDUM isa Storck To: ?' Assistant City Attorney 4,90( A Date: January 12, 2011 -Tvofn-> Deputy City Manager for Development Services vl- Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 98-088. Cynthia J. Nels 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2011 Record Record Category Series Record Description Record Dates HOUSING Applications Purged Applications from Waiting Jan - Dec 2007 AUTHORITY List 21 boxes HOUSING Vouchers Expired Housing Choice Vouchers Jan - Dec 2007 AUTHORITY 4 boxes HOUSING Tenant Files Terminated Tenant Files Jan - Dec 2007 AUTHORITY 68 boxes HOUSING FSS Files Terminated FSS Files (8 boxes) 2006 - 2007 AUTHORITY PREPARED BY: Terri Eggers Date Senior Manageme t nalyst Community Development Agency RECORDS DESTROYED: 101 boxes Number of boxes CONSENT BY: C nthia J. son Date Deputy City Manager for Development Services Community Development Agency APPROVED BY: ez, t IA2 r Joseph Straka ate Interim City Attorney 19C-6 19C-7 MEMORANDUM To: Joseph Straka, Interim City Attorney City Attorney's Office From: Kathie S. Gonzalez, Executive Director Personnel Services Department, M24 Date: January 25, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Jan FORMS forms** 2006 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Jan Spending, program** 2006 and prior Section 125 Life Insurance Employee life insurance enrollment forms*" EE Separated Jan 2006 and prior Long-Term Employee Long-Term Disability Insurance EE Separated Jan Disability enrollment forms*" 2006 and prior Insurance Medical Employee medical insurance enrollment EE Separated Jan Insurance forms** 2006 and prior EQUAL Employment and Personnel and employment records, EE Separated Jan EMPLOYMENT personnel including application forms*, records 2006 and prior OPPORTUNITY records pertaining to promotions**, layoffs**, COMMISSION terminations**, salaries** and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated Jan termination 2006 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Jan PERSONNEL Reassignment reassignment forms which document and 2006 and prior FILES Forms authorize hiring, reassignment, or other employee actions.** Certificates of Certificates issued to EE which show EE Separated Jan Training completion date of training class(es).* 2006 and prior Commendation Letters of commendation and/or other EE Separated Jan Letters congratulatory documents received by and/or 2006 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Jan Actions proposed and/or implemented disciplinary 2006 and prior action(s).** Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Jan Medical regarding employee's medical condition.** 2006 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Jan Test authorization and acknowledgement form(s) 2006 and prior and results of drug screening.** 19C-9 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Jan PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2006 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated Jan any) for hired employees.* 2006 and prior Medical Leave of Leave of Absence forms used in the EE Separated Jan Absences** documentation of medical leave (including 2006 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Jan Documents kept in official personnel file.*** 2006 and prior Notice of Form completed by employee and/or EE Separated Jan Separation department indicating effective date of 2006 and prior separation, last day on the job, reason for separation, etc.** Oath of Office Form completed and signed by employee EE Separated Jan affirming allegiance to the Constitution of the 2006 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated Jan Employment employee to be engaged in outside 2006 and prior employment.* Performance Employee performance evaluation forms EE Separated Jan Evaluations completed by supervisory personnel re 2006 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Jan Enrollment Employees' Retirement System (PERS)** 2006 and prior Pre-Employment Forms completed by employee and medical EE Separated Jan Medical clinic to assess physical capability of 2006 and prior employee prior to hiring.** Security Check Form completed by Personnel Svcs to EE Separated Jan Form request Police Dept to conduct security 2006 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Jan DMV, accredited schools, etc., verifying 2006 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated Jan Reimbursement educational assistance which show EE 2006 and prior Request request, department head approval, and final disposition of request.* 19C-10 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Jan PERSONNEL Donation Form hours be donated to the Union Business 2006 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated Jan Certificate completed by EE authorizing 2006 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption." Please see attached spreadsheet, dated January 25, 2011, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: Susan Wathen for Date Kathie S. Gonzalez Executive Director of Personnel Services CONSENT BY: Kathie S. Gonzalez Date Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes APPROVED B Oeph Straka Date nterim City Attorney 19C-11 b b b •b "0 -o b b b b b o 0 0 0 0 o v v a a s a s a a a a a a a a a a a a a a a C4 C4 u; L 4 ; 4 L L L C C 0 C C4 C4 C4 C4 C4 C4 c4 C4 c4 c4 C4 04 C4 K U U U L U L U L U L U L U L U L V L U L U L U L U L U L U L U L U U L U U C C C C C C C C C C C C C C C C C C C C O O O O O O O O O O O O O O O O O O O O _ G G G G G G 0 ° ° G O G G G G G G G G y z y y y z . y y ? j y y y y ? j GE C4 VI to rA Vl Vl VI V1 Vl V] V1 V1 Vi Vl Vl V1 ? 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It U U W C U 2 0 0 0 C O..i ?- U O U • ? O ? E C C V v O C O U a? '?- O C p ? L n O U U J 0. Q W Q 0.. 0. . cn w cn GL cn Q cn C] H O O 0 i, y N O V 7 N l, DD o n O V h N Q, V1 N 7 t- n d\ ? M v N v1 '? d O M ul N A N , M M 00 N O ?O -- N 1 l? r N 7 ?h N t? _ N O O_ M O M O N Q 0\ 00 7 In p? O -t N M 7 7 O N M N W Z O o0 O O oc O M O ?D [? O O O N 00 N 00 O O 00 O O p, O O V1 ? N ? aS "-+ b ? 't7 L -? ? ? U 'r C Q y ctl . .+ A C d V c c a C _o vi L R a i b ro v N C7 cG cL 4 m 6 a ' W t C,3 ? Q ?' ? ? `? U . V W ? '? CC •? i ? -o ? ? O N N ? m N .ro ? W •? c v c c . ro ? ? t d Q F- Z O O O o° r2 n n ° 55 i p co n F - > J , 19C-13 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ January 2008 and Materials implementation of recruitments.** prior Bilingual Forms certifying bilingual capabilitiesfer January 2008 and Certification ees "°^°^^^^ bilin ual a pmY lo pAf i Forms y g p y a or applicants for recruitments which require pr or bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at January 2008 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by January 2008 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of January 2008 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only - original signed eligible lists are with recruitment file folcbr (according to classification title)).** See attached spreadsheet, dated January 25, 2011, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Susan Wathen for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes CONSENT BY: Kathie S. Gonzalez Date Executive Director of Personnel Services APPROVED BY: sep Straka Date Interim City Attorney 19C-14 O M= 0 O O O O O O O O W N 0 0 M M 0 r- O LO O M N r N 0 T- r- W r- c- ?- c- e- co O ?- O O e- .-- s- 0 ? J ? M ti ? ti ti ? ti ti ? 0 0 0 0 0 0 0 0 0 w LO M M M M 0 N O U O o O ? O t` N O ?- r- O 0 0 ?- O 0 ? O O ?- O r- .- ? ?- N N o \ O \ o \ o \ O \ o \ O \ O o y `- cfl m O ? ti LO \ O \ ? O cu t n N O O N O ti O m 0 t- m O ) cn O ? O . O c) . O ? J N O O L U Cf) c .0 L- O U U O ? C L - M N O 0 U) 0 0) (D C N O CL O ma Q r ! E L / y Il Q) m cu y. . L c \ U c6 m c j O J O U) J cu co O ° c _ cu a U .- - ?. 2 cu cu T c I E N S2 L U Q cc6 U OCV Q cu to to Q O V C: ` Q Q U) c L In N V O N c O Z' a) U U_ U_ U_ w m c? :E F- cu Q U O O O O a g Lr- cn cu U U U .O O O_ O N L O -? cu (II .- - .- c c c C to CU ° ° ° u J ( U a a- a c J) ) ) u) ? L Q) ? E a O -0 O r-- co ? co ^_ 1 M co co W M co m E 0 0 0 0 0 0 0 0 0 w Q Q O - O Z m M U-) - I- O m cr M N LL j U ) O ? M M ;f M "i 19C-15 19C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 30, 2010 C TY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 30, 2010. CLERK OF COUNCIL USE ONLY: 19D-1 Quarterly Report of Investments February 7, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report 19D-2 CITY OF SANTA ANA TREASURER'S REPORT as of December 30, 2010 EXHIBIT 1 19D-3 a ?E N 0 d W 0.- E 0 d 13 V G a a coo f- I? " m " I o o 0 0 ? N y: I N ? M r 0 M O O M J9 4) 0.3 M A c N O Co C I T ? o C Cc L Q •V 0 00, 0 c aci E _ E aw 2 cm?' m m a C a iW -2 r ° 0. L II CL C+ _ 7 W m E N E .? ?0U mU m ? to w O T O? ? 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I a? a LL 0 N O 0 C O 3 O O U U Q N Y R o d O c 0 o ? °v W) M °o O N O N O O O O N O o N n u) C E N C A O F W w N w Q' Q Cl) O O N LL w Q z Q Q z Q U) d 7 w O N W 7 H O U d fl. N C M ci d N 1 1 9b M A 01 W 0 co 0 N 0 6 0 oI o O O O O OI CO 0 Q1 O O O O O O O C? O O O O O O O o d O ? N ? d o Q o v A R O } U J 0 a 0 z 0 co r w w D U) U Q co Q u) ro H V C O m (Q O Q co U 'c ? .17 co G I O 0 m O O O O O v N d E d C R O H N U) Q ? r r O d o > LL O 0 O ? O ? ? o ro 0 N N O ai ° 19D-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER ??- r ao-- 61TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15} Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between July 1, 2010 and September 30, 2010 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between July 1, 2010 and September 30, 2010 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit A: Quarterly Report of Contracts RC 19E-1 19E-2 w m jNLL J Uw U)0Q w O V WpZOLL Lu J Jw a cnZZJ >?w w(nv~i Q J www?gl-UQ ?U ?? ?oCoCL Ci?(D v~iUv}jcno WUwU --JwxQ> - -pt3-7 fn wj 0 zw W W ¢P ad ln(naodZ ?>J?z Fw- U?rw ?H?O?wU) of0 O c-)(n2u) aaWg?? JaaWFU-MQQv)? o w(Wn0(n Hmm=avwi> > o m0 Qww0 wwF-I(t0 v- iv=ipQJW?zpDUO z m 000WOLLWwW WMWWi -o<onwwo>ocizzDi-zo maa? - W p 3 pw00 >_>_>F W WUpU co(nQQ(n Q? QgJJ> > }?w F Qw iZpOgF-H F- mc?C?(n mac2nC?C7J>(nJ?2UZOpUUUZZZZ?ZWQF- wg J?Q°?222 Z ??wwQQZZUQ?W?Mwmo?xo" OOo ?mc?n?ga? m =Q? g ?000aafw?uozz??ww?>awwwgOWLLUC~>c~?WmWaQwQQLL Q LL,Pw ?aE-LE-L ? wwwWO2?wwW w Q U LL z m>> O? u W w W R DO Q Q Q Q 2 o o O O O O o 9 J JwJw 2 2 2 O X X 95 2? 2? 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N N N N N N N N N N N N N N N N N N N N N M M M M M m m m m m m m m m m m m mN N m V) o U z L) Z) Q CJ p O U Z w 0p 0 } O? Hcn Z Uz UJ U) w -02 Z U w p2 o U) a z z J U) 2- p z I~- z > _ LLw w ¢ ¢ Ow w U U ¢ _U a ozz ¢ O wC? ? Z U) >- J w Of U) 0 > 00 o a z>z0 cnLLoo JQO? o¢a c> U)cUw U)a LL O p z Xpa cnJ?-a_ OQ QOQlnmZpm WUZ Ozw WW Z00 U Oz W W-a' YQ0 -1 a W X US 4 a' U¢ Z V) Q (n J ? O 2 J Q W U C7 U) O w 0 U) J Z O LL ON `?3:ww O cn WD ??zU ?- U O W p?) -J ?o F- ?QCE? ?w OLUW?0-5 a -02ow ?woCDw a~ U) a< 2 w a m Z o~ U o Q 0 z Z 0 w z a ai U Z can H 2 W D W w H Q ?aWwv;W?DgU) }->- a¢ioz??zowX°og??>??wWZg?aoz= OOU)UWwUwmZw WaQQ?QLLw00LUQ¢00DU) OwOaz? OO20 ZOJ??w-? Z?~ZYW zULLZOJZW Z,I-w Wf-??Mpw JLL Z¢O?Z >OUZ5<aw-mac¢iZD°I?W-0?NOO0?uQi=Wo°ool-00<0<mowzwmLLLL to CO I-0m0 NMv Loo hmmO NMa boo h wmO NMV Lo c0 hOm0 NM M M M CM M cM M fNM CNM fNM M fNM CN7 M CN7 CNM m m M M M M M M M M M M M M M M M M M M M Lo Lo M M M 19E-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: Y vf0 ??,„. `??,,? i? REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR ATHLETIC FIELD IMPROVEMENTS AT WILLARD INTERMEDIATE SCHOOL CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended Q As Amended ? Ordinance on ??` Reading ? Ordinance on 2rtl Reading ? Implementing Resolution Q Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize a Request for Proposals to qualified consulting firms to provide environmental services for proposed athletic field improvements at Willard Intermediate School. DISCUSSION In November 2010, the City of Santa Ana was awarded a $4.4 million grant from the State of California to improve the athletic field at Willard Intermediate School for the purpose of providing a public park. The new park will be a joint-use recreational facility to be of use for Willard students during school hours and then open to the community for their use after school, on weekends, and during the summer, winter, and spring school breaks. The improvements include the installation of a synthetic turf sports field, tarton running track, sports lighting, a restroom building, tot lot (play equipment area), three basketball courts, and decorative fencing (Exhibit 1 ). After reviewing the proposal, it was determined that a Negative Declaration will be required to meet the requirements of the California Environmental Quality Act (CEQA). A Request for Proposal for consultant services was prepared in conjunction with this project (Exhibit 2). The recommended environmental contract will be submitted for City Council authorization after the review of proposals has been completed. FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning and Building Agency HS:rb Hs:W illiard-Elementary/RFP_RFCA<;c02o7? 7 Exhibit: 1 . Site Plan indicating Scope of Work 2. Request for Proposal 19F-1 19F-2 N ?? L V Y Q? ?? N m ' ' • ' ' QJ ?1 Q O 61 lC N . ? C , i ? ? O O Y L = O Q ?"?'-? f0 ?' ? ? V ?? _ V ? +-? C J .?. Q V Q ? Q L.1.. Y _? Y ? w v o ? ? ? ?. ? ? ? ?n v? V f?6 ?' c 0 t-° 19F-3 C 111 V w O a an J w W y a 0 0 3 ?? Y C? C (d d U V ff it ®1!; t1 Exhibii 19F-4 REQUEST FOR PROPOSAL FOR WILLARD INTERMEDIATE SCHOOL CITY OF SANTA ANA PLANNING DIVISION, M-20 20 CIVIC CENTER PLAZA POST OFFICE BOX 7 988 SANTA ANA, CALIFORNIA 92702 Hally Soboleske, Associate Planner (77 4) 647-5842 (77 4) 973-7 467 Fax hsoboleske ar santa-ana.org Exhibit 2 19F-5 REQUEST FOR PROPOSAL (RFP) 1. INTRODUCTION The City of Santa Ana is requesting proposals from the City's pre-qualified environmental consulting firms for preparation of alight impact study for the improvement of the athletic field at Willard Intermediate School located at 1342 North Ross Street, Santa Ana, CA 92706. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with CEQA and/or NEPA (if required). This may include preparation of required technical studies, peer review of technical studies prepared by others, on-call consulting on as needed basis, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, and Environmental Impact Statements. II. PROJECT DESCRIPTION In November 201 O, the City of Santa Ana and the Santa Ana Unified School District were awarded a $4.4 million grant from the State of California (Proposition 84) to improve the athletic field at Willard Intermediate School for the purpose of providing a public park. The new park will be a joint-use recreational facility to be of use for Willard students during school hours and then open to the community for their use after school, on weekends, and during the summer, winter, and spring school breaks. The improvements include the installation of a synthetic turf sports field, tarton running track, sports lighting, a restroom building, tot lot (play equipment area), three basketball courts, and decorative fencing. It has been determined that a Negative Declaration will be required to meet the requirements of the California Environmental Quality Act (CEQA). This Request for Proposal is for a technical light study as part of the in-house prepared Negative Declaration. III. General Information The term of the consultant will begin when the proposal is approved by the Executive Director of the City of Santa Ana Planning & Building Agency, A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental documents. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. C. In an effort to promote the hiring and utilization of local businesses/merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference, quality and prices being equal. D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. 2 19F-6 E. All data, documents and other products used or developed during preparation or the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFQ may do so after Consultant selection. F. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City. COORDINATION Coordination with the City, other consultants and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBLITIES The selected Consultant will be required to assume responsibilities for all services in their proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. IV. Scone of Services The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established 19F-7 schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEOA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, preparation of studies and technical reports. INITIATION/KICK OFF MEETING If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two-weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. V. Submittal Information and Deadline Proposals are due to the City of Santa Ana Planning Division, M-20, 20 Civic Center Plaza, P.O. Box 1 988, Santa Ana, CA 92702 February 28. 207 ? and made attention to Hally Soboleske at (714) 647-5842 or can be faxed to 714-973-146'1. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non-responsive. VI. Submittal Requirements The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1 . Cover Letter - A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager/Principal Agent's contact information for the proposed work shall be identified and associates in-charge when Project Manger/Principal Agent is absent as well as that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Three (3) copies of the RFP shall be signed by a company official with the power to bind the company. 4 19F-8 b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. B. Fee Schedule The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. C. Insurance Requirements -All required insurance must be current and up-to-date in advance and renewed annually. A consultant my not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Staff. D. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. VII. Project Control Control of the project shall remain the total responsibility of the City of Santa Ana. VIII.Consultant Selection The City of Santa Ana along with the project applicant will evaluate each proposal based on technical criteria and qualifications listed within the RFP and make a selection. IX. Method of Payment The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. 19F-9 19F-10 REQUEST FOR .._. `x COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: REQUEST FOR PROPOSALS FOR A DOWNTOWN PARKING OPERATION AND UTILIZATION STUDY CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on ? s` Reading 0 Ordinance on 2rtl Reading (] Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Community Development Agency to send a Request for Proposals to qualified consulting firms to provide a Downtown parking operation and utilization study. DISCUSSION In the late 1980s, the City/Agency constructed a number of parking structures to meet the growing demand for parking in the Downtown. The structures are in need of capital repairs, and the equipment is outdated and in need of replacement. In addition to the physical improvements needed in the structures, we also need to review such things as hours of operation, rate structure, validation options, security measures, etc. Modifications to the structures and operating procedures have been implemented over time in a piecemeal fashion and without professional advice from an experienced parking consultant. The increased use of the structures in the Downtown has also generated a new mix of stakeholders who have suggested their own modifications to operational procedures in the garages which are not necessarily consistent with each other. As a result, staff is recommending that we issue a Request for Proposals (Exhibit 1) to qualified parking consultant firms who have experience with downtown parking facilities in a mixed-use environment. In the meantime, we are proceeding with certain improvements to the garages such as increased lighting, signage and some equipment replacement. 19G-1 RFP -Downtown Parking Study February 7, 201 1 Page 2 FISCAL IMPACT There is no fiscal impact associated with the release of this Request for Proposals. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJ N/N E/m Ir Exhibit: 1 . Request for Proposals 19G-2 DRAFT Request for Proposals For Comprehensive Parking Analysis CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA, M-25 SANTA ANA, CALIFORNIA 92701 Pre-Submittal Meeting Date and Time: XXXXX XX, 2011 at x:xx. Submittal Deadline Due Date and Time: XXXXX XX, 2011 Before 5:00 p.m. Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Community Development Agency, Attn: Frank Hernandez, Management Analyst, per the Submittal Instructions Section of this RFP. ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM ON XXXX XX, 2011. NO LATE PROPOSALS WILL BE ACCEPTED. Any requests for clarification or other questions concerning this RFP must be submitted via email to sssCc7santa-ana.org before 4:00 p.m. on xxxx xx, 2011. Responses will be provided via an addendum sent via email. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. Exhibit 1 19G-3 DRAFT Request for Proposals For Comprehensive Parking Analysis INTRODUCTION The City of Santa Ana (City) is seeking proposals from qualified firms (Consultant) to conduct a comprehensive parking analysis in the Downtown. The primary objectives for this analysis are to assess the current parking services offered by the City, meet with and gather information from Downtown stakeholders and recommend improvements. This study and its recommendations will help the City to improve and coordinate the parking resources in the Downtown. BACKGROUND The City of Santa Ana was incorporated on June 1 , 1886. A City Charter was adopted in 1952, which established aCouncil/Manager form of Government. Santa Ana is the County Seat and largest city in Orange County, and Ninth largest in California, with an estimated population of approximately 360,000. The City of Santa Ana has a downtown district listed in the National Register of Historic Places. This area is roughly bounded by Civic Center Drive, First Street, Ross Street and Spurgeon Street. In recent years the Downtown area has undergone several changes which has resulted in competing parking needs. The downtown includes a variety of uses including government, professional offices, retail, entertainment, restaurants and residential. In addition to the changing uses, the hours of operation for the downtown span over a wider period of the day, from coffee shops that open early to nightclubs that close well after midnight. The City has also seen an increased desire to hold special events in the Downtown area. With all the increased activity there is a greater requirement to develop a thorough parking plan to accommodate the needs. Currently on-street parking is composed of approximately 530 metered parking spaces and off- street parking consists of parking structures and parking lots. The parking meters are managed and enforced by city staff. The City owns four parking structures in the downtown that are managed through a contract with a private company. Three of the structures have a capacity of approximately 400 parking spaces and one with a capacity of approximately 700 parking spaces. Additionally the City owns a parking lot with approximately 60 parking spaces. There is additional parking in the downtown owned and operated by private companies. MINIMUM QUALIFICATIONS Exhibit 1 19G-4 DRAFT Company shall have at least five (5) years experience within the past five years in providing comprehensive planning, studies and analysis which is consistent with and meets the criteria set forth in the Scope of Work for commercial or municipal entities under its current business name. SCOPE OF WORK The selected Consultant shall produce a parking analysis report which assesses the current services, meet with Downtown stakeholders, and make recommendations for improvement. Specific components of t he study and tasks necessary to complete a comprehensive analysis may include, but shall no t be limited to: A. Assessment of Current Conditions 1. On-Street Parking and Surface Lot a. Purpose of on-street parking b. Hours of accessibility c. Hours of enforcement d. Duration of parking e. Special parking needs (e.g. handicapped, loading, valet, etc...) f. Meter equipment g. Rate structure h. Fines, penalties, towing i. Free parking-Grace period j. Public perception k. Public expectation I. Public need m. Number of parking meter spaces n. Related services o_ Baseline services p. Deficiencies q. Technology enhancements r. Public information process s. Other components necessary to properly address the RFP 2. Off-Street Parking (Parking Structure) a. Purpose of off-street parking b. Hours of accessibility c. Hours of enforcement d. Duration of parking e. Special parking needs (e.g. handicapped, loading, valet, etc...) f. Rate structure g. Fines, penalties, towing h. Efficiency of operations i. Public perception j. Public expectations k. Public need I. Related services (e.g. security) Exhibit ? 19G-5 DRAFT m. Baseline services n. Free parking, grace period, validation o. Special event parking-Garage access and exiting p. Deficiencies q. Public information process r. Physical layout and traffic flow s. Technology enhancements t. Residential Parking (overnight) u. Other components necessary to properly address the RFP B. Facilitation of Public Meeting Conduct a minimum of 4 public meetings with Downtown stakeholders, two meetings concerning on-street parking and two meetings concerning off-street parking. (as part of the cost proposal please include the number of hours for each job classification needed to conduct each meeting) C. Recommendations and Implementation Provide recommendations on how to address/improve each component identified in the scope of work above, in order to provide better service to the community. Recommendations shall include information about the advantages and disadvantages of implementing the proposed recommendations. Further if a proposed recommendation has a fiscal impact associated, provide suggestions on how the cost may be mitigated or the potential for revenue enhancements. Provide information of how to best implement the proposed recommendations, including acommunication/education program D. Preparation and Presentation of Final Report Consultant shall compile all data, analysis, findings, recommendations and implementations into a final parking analysis report to be formally presented to staff. The analysis will also be presented to the City Council at a scheduled City Council meeting. E. Follow Up After Implementation-conduct an analysis of implemented changes to determine if further changes are needed. Consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive parking analysis report. Consultant shall be expected to expand on the above-noted tasks where appropriate, and provide suggestions which might lead to efficiencies and enhance the results or usefulness of the study. SUBMITTAL REQUIREMENTS This Request for Proposal is intended to assess each Consultant's general capabilities as they would apply to the City of Santa Ana and to evaluate specific responses to the expected scope of work. In order to maintain uniformity with all proposals furnished by Consultants, it is hereby Exhibit 1 19G-6 DRAFT requested that proposals be limited to ten (10) one-sided pages (excluding front and back covers, section dividers, resumes and required forms). Proposals shall be typed with a standard 12 point font, double spaced and submitted on 8.5" X 11" paper. Proposals shall be three-hole punched and inserted in a binder. Consultant must organize their response to this RFP in the following format and address each of the following items. A. Cover Letter The cover letter is to be signed by an officer of the firm authorized to execute a contract with the City. B. General Qualifications Provide a summary of the Consultant's qualifications, general information about the firm, location of office(s), years in business and areas of expertise. Provide a brief description of projects which involved a similar scope of services as well as projects/clients where Consultant had performed as an extension of staff. C. Key Staff Identify key staff and include a description of their abilities, qualifications and experience. Attach resumes of key staff to be assigned to this project. Include a proposed project management structure and organizational chart. A meeting facilitator shall be included as part of the project team. Identify any portion of the scope of work that will be subcontracted. The City reserves the right to approve or reject all consultants or internal staff performing consulting services, proposed by the Consultant during or after the consultant review and selection process. There can be no change of key personnel once the proposal is submitted without the prior approval of the City. D. Project Specific Approach and Methodology Consultant shalt describe its understanding of the project and the proposed technical and management approach. Consultant shall also describe the methodology and approach to complete each of the items and identified deliverables. Expand on the scope of work where appropriate to accomplish the overall objective of the project, and provide suggestions which might enhance the results or usefulness of the study. Include assumptions about the number of meetings needed with City staff to complete the Scope of Work. E. Schedule Propose a timeline (in number of days and date format) for completion of the Scope of Work including start date, milestones and target completion date. Any assumptions regarding turnaround time for City staff or City Council should be clearly noted. F. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Consultant wishes to propose alternative approaches to meeting the City's technical and/or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have accepted the contract requirements as set forth in the attached agreement. G. Rates/Cost Proposal Exhibit 1 19G-7 DRAFT The selected firm will be paid at the billing rates included in the proposal with an amount "not to exceed" for the contract. Provide the billing rates for each classification of proposed staff members. Additionally, please identify the number of hours necessary by each classification position to complete each component in the scope of work. The number of hours schedule is to be formatted in the same manner as the list under "Scope of Work". Components of the scope of work may be removed and as such the hours and costs associated will also be deducted from the contract. If components are added to after execution of the contract, these additional components will be negotiated. H. References Consultant shall provide a list of references for the firm, including the names, addresses and telephone numbers of recent clients, preferably other public agencies for which Consultant has done similar work. Include a list of specific projects associated with each reference, date work was pertormed, cost and key personnel involved. SUBMITTAL INSTRUCTIONS Submit five (5) bound copies of your proposal signed by a company official with the power to bind the company in its proposal before 5:00 PM on or before XXXX xx, 2011. City of Santa Ana Community Development Agency Attn: Frank Hernandez 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 CONSULTANT SELECTION The response to this Request for Proposal shall contain documentation of consultant's credentials and expertise pertaining to your specialty in this field. Proposals will be evaluated on the basis of qualifications, abilities, and responsiveness of the proposing Consultant. The City of Santa Ana has established a Consultant Selection Committee to evaluate Consultant's proposals. The evaluation of each proposal will be based on technical criteria and qualifications listed within the RFP, reference checks, and other information which will be gathered independently- The following general selection criteria will be used to evaluate each consultant: A. Qualifications of the Firm - 30% Technical experience in pertorming work of a closely similar nature; experience working with public agencies; strength and stability of the firm; experience and technical competence of the subcontractors; assessment of client references. B. Staffing & Project Organization-30% Qualification of project staff, particularly key personnel and especially the Project Manager; key personnel's level of involvement in pertorming related work cited in "Key Staff' section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel. C. Work Plan-20% Exhibit 1 19G-8 DRAFT Depth of Consultant's understanding of City's requirements and overall quality of work plan; logic, clarity and specificity of work plan; appropriateness of labor distribution among the tasks; ability to meet the project deadline' reasonableness of proposed schedule. D. Cost-20% Reasonableness and affordability of the proposed hourly rates and other direct costs compared with other offers received. Adequacy of data in support of figures quoted; reasonableness of individual task budgets' basis on which prices are quoted. EVALUATION PROCEDURE An evaluation committee will be appointed to review all proposals received for this RFP. The committee is comprised of City staff and may include outside personnel- The committee members will evaluate the written proposals using criteria identified in Consultant Selection above. A list of top ranked proposals, firms within a competitive range, will be developed based upon averaging of the committee members' scores for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. At any time during the evaluation process, and before or after selection for award, the City may negotiate contract terms with some or all consultants, and expressly reserves the right to negotiate with several Consultants simultaneously, and thereafter to award a contract to the Consultant presenting the most favorable terms to the City. AWARD The City Council will consider the recommendation of staff and may approve contract award or modify the recommendation. The City reserves the right to award the entire scope of work to a Consultant or to apportion scope of work among several Consultants as the City may deem to be in its best interest. In addition, negotiations may or may not be conducted with Consultants; therefore, the proposal submitted should contain the Consultant's most favorable terms and conditions, since the selection and award may be made without discussion with any consultant. GENERAL INFORMATION Any requests for clarification or other questions regarding this RFP shall be sent via email to xxxx, xxxx, xxxCu7santa-ana.org no later than 4:00 p.m. on xxxx xx, 201 1 . Responses to questions, if applicable, shall be emailed as an addendum on or about xxxx xx, 2011 . The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. INSURANCE REQUIREMENTS Please refer to the Professional Consulting Services Agreement (Attached) Exhibit 1 19G-9 DRAFT PROFESSIONAL CONSULTING SERVICES AGREEMENT A Professional Consulting Services Agreement is enclosed for your review. The RFP and the Consultant's Proposal will be attached and become part of the agreement as exhibits. Be prepared when submitting a proposal to approve the Professional Consulting Services Agreement in this Request for Proposals. COORDINATION The City will decide the manner in which the coordination of individuals matters is undertaken. At the City's option, coordination efforts may be pertormed by the Consultant's direct contact, by the Consultant acting though the City or by the City Only. When coordination efforts require agreements, such agreements shall be coordinated through the City. RIGHT TO REJECT PROPOSALS The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to the City shall become property of the City. TENTATIVE SCHEDULE TBD PROPOSAL SUBMITTAL DEADLINE TBD ADDENDA Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibilities for all services in their proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the agreement. Exhibit 1 19G-10 DRAFT DELAYS The City reserves the right to delay schedules if it is to the advantage of the City of Santa Ana PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. RULES OF PROPOSAL The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. METHOD OF PAYMENT The consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a detailed breakdown of the services, the project title, the tasks, the hours and the hourly rates. REGULATIONS The selected consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. Exhibit 1 19G-11 19G-12 REC?UEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: DONATION OF MERRY-GO-ROUND TO THE CITY OF SANTA ANA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED (] As Recommended Q As Amended ? Ordinance on 1" Reading ? Ordinance on 2rtl Reading Q Implementing Resolution Q Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the acceptance of the donation of a merry-go-round to the City of Santa Ana from the Fiesta Marketplace Partners. DISCUSSION The Fiesta Marketplace Partners purchased a merry-go-round as part of the Fiesta Marketplace grand opening in 1985. The mini merry-go-round, originally built in the 1930s-1940s, was renovated to its full glory when it came to Santa Ana, and has provided years of entertainment for the community. In late 201 O, the owners of the Fiesta Marketplace initiated a revitalization of their properties within the Downtown, which included the promenade renovation between Third and Fourth Streets. The new promenade theme includes the addition of a water treatment, new landscaping, lighting and pavers, but did not include the retention of the merry-go-round. In order to preserve this merry-go- round, it has been placed in storage until a suitable location can be found in the City. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nels Deputy City Manager for Development Services Community Development Agency 19H-1 19H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: REIMBURSEMENT AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR LAND CONVERSION REQUIREMENT BY THE NATIONAL PARK SERVICE i I MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1 s` Reading Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a reimbursement agreement with the Rancho Santiago Community College District for a land conversion requirement by the National Park Service in an amount not to exceed $300,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $300,000 in the Park Acquisition and Development revenue account (no. 30113002-57304) and appropriate same to the Park Acquisition and Development expenditure account (no. 30113260-various). DISCUSSION The Rancho Santiago Community College District is proposing to construct a 2 story classroom building in the Career Education Center (2.6 acres) at Centennial Park. Centennial Park was obtained from the Federal Government for recreation purposes and the deed conditions require approval from the National Park Service (NPS) for any improvements at the park site. NPS indicated the college improvements are not for recreational purposes and provided an option of a Land Conversion to transfer the deed restriction to a new park site at McFadden/Orange (1 .4 acres). In order to assess equal recreational value of the land conversion, the NPS is requesting the following documents be provided before a final decision/approval is granted: 1) An appraisal report on both properties, 2) a recreation value report, 3) a soils analysis of the new park site, 4) an environmental assessment, and 5) a legal description/title search of the new site. The City has requested the College pay for all the above requirements in addition to soils compaction/grading of the new park site. 20A-1 Reimbursement Agreement with RSCCD February 7, 2011 Page 1 of 2 The College agreed to pay for the actual cost of these reports and park improvements with no guarantee that the NPS will approve the land conversion. Assuming the NPS will approve the land conversion, the College has also agreed to reimburse the Community Development Agency ($280,000) for one of the parcels. On January 18, 2011 the Rancho Santiago Community College District Board of Trustees approved the reimbursement agreement for the land conversion analysis as required by the National Park Service. FISCAL IMPACT This appropriation adjustment will recognize $300,000 in the Park Acquisition and Development revenue account (no. 30113002-57304) and appropriate same to the Park Acquisition and Development expenditure account (no. 30113260-various) for reports provided to the National Park Service and reimbursed by the Rancho Santiago Community College District. APPROVED AS TO FUNDS AND ACCOUNTS= Gerardo Mouet/ Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 20A-2 REIMBURSEMENT AGREEMENT FOR CENTENNIAL EDUCATION CENTER IMPROVEMENTS THIS AGREEMENT, made and entered into this day of 2011, by and between Rancho Santiago Community College District, a public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the California Education Code (hereinafter "District"), and the City of Santa Ana, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City owns Centennial Park (the "Park") in the City of Santa Ana. B. The City acquired the Park from the US Government burdened by certain use restrictions imposed in the deed to the Park ("Use Restrictions"). The National Park Service ("NPS") is charged with interpreting and enforcing the Use Restrictions. C. In 1979, the City licensed approximately 2.6 acres within the Park to the District (the "License Area") to operate to build and operate a facility which was approved by the NPS and found consistent with the Use Restrictions. D. The parties have determined that it would be in both parties interest to convert the License to a long- term lease to permit the District to make substantial improvements to its facilities. E. NPS has notified the City and the District that the Use Restrictions necessitate their removal from the License Area. F. NPS has expressed a willingness to release the Use Restrictions from the License Area provided the City substitute property elsewhere in the City to be burdened by the Use Restrictions. G. The City has identified approximately 1.4 acres of vacant property owned by the Santa Ana Community Redevelopment Agency (the "Agency") which the City and the District wish to evaluate for submittal to the NPS for approval (the "Replacement Property"). H. The NPS has established criteria necessary for approval of the Replacement Property ("Evaluation Criteria Study"). I. The District is willing to reimburse the City for any actual costs necessary for the NPS Evaluation Criteria Study and for soil compaction and grading of the proposed Replacement Property. WHEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, do agree as follows: 1. City agrees to initiate and pursue the Evaluation Criteria Study in consideration for District's obligations set forth in this Agreement. 2. District agrees to cooperate and with the City in that the Evaluation Criteria Study and to reimburse the City for its costs at such times and in such amounts as set forth in this Agreement. 20A-3 3. The scope of the Evaluation Criteria Study shall be based upon, and shall contain the information or materials set forth in Exhibit A. 4. The estimated cost of the Evaluation Criteria Study is set forth in Exhibit A-1 to this Agreement. Notwithstanding the foregoing, the District's reimbursement obligation shall be the actual costs for the categories set forth in Exhibit A-1. Additionally, the Executive Director of the Parks, Recreation and Community Services Agency ("Executive Director") and District's Vice Chancellor Business Operations/Fiscal Services ("District Official"), or their designees, are hereby authorized to add any additional categories of expense if so required by the NPS, provided the total reimbursement obligation of the District shall not exceed $300,000 without writing approval by the City Council and District's governing board. 5. Payment by District shall be made within thirty (30) days of receipt of City's payment request based on invoices received by City from its Consultants for the required services as set forth in Exhibit A-1. 6. This Agreement shall commence on the date first written above and terminate on November 5, 2014. The term of this Agreement may be extended upon written execution of an extension to the Agreement by the Executive Director and District Official. 7. The City and the District shall indemnify, defend and hold each other, their respective officers, agents and employees harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen pursuant to this Agreement where such expense, liability or claim is proximately caused in whole or in part by any act, omission or negligence of the other, or its officers, agents or employees. 8. Any notice or other written instrument required or permitted by this Agreement shall be deemed received when personally served or two (2) business days after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: DISTRICT: Rancho Santiago Community College District Vice Chancellor Business Operations/Fiscal Services 2323 N. Broadway Santa Ana, CA 92706-1640 CITY: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council A party may change its address by giving notice in writing to the other party. Thereafter any communication shall be addressed and transmitted to the new address, If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 2 20A-4 communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. This Agreement constitutes the entire Agreement between City and District, and supersedes any and all other agreements, oral or written, between the parties. This Agreement may only be modified in writing signed by both parties. 1 O. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date first written above. CITY OF SANTA ANA sy DAVID N. REAM City Manager ATTEST: By MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Laura Sheedy, Assistant City Attorney APPROVED AS TO CONTENT: GERARDO MOUET Executive Director -Parks, Recreation 8i Community Services Agency RANCHO SANTIAGO COMMi7NITY COLLEGE DISTRICT By PETER J. HARDASH Vice Chancellor Business Operations/ Fiscal Services 20A-5 20A-6 Exhibit A Study Criteria and Standards A. Properly authenticated documents shall be provided by the City evidencing its desire to substitute land of equivalent fair market and recreational value. B. Appraisal reports must be prepared for all parcels. Replacement property must be of at least equal fair market value and recreational utility and cannot have been previously used as a public pazk, and if already owned by the City, it must not have been purchased for the purpose of making it a public pazk. The appraisals must be reviewed and accepted by GSA (or the military, if it is a BRAC disposal property) and NPS, and must be done according to Uniform Appraisal Standards for Federal Land Acquisitions; C. Justification including assessment of public recreational utility of the land proposed for exchange and its replacement. In general, the replacement property must provide greater public pazk and recreational utility than the parcel you would like to use for another purpose. This analysis should include an assessment of public need and demographics, similaz to that provided in the original public benefit application. It should also reference City, State or other local comprehensive outdoor recreation plans in its statement of need; D. Environmental assessment of substitute property indicating it is environmentally safe and not latently contaminated. E. Assessment of environmental effects of proposed release of pazk and recreation use covenants on former surplus property. A public process and environmental impact analysis must be conducted by the City - at least equivalent to an Environmental Assessment under the National Environmental Policy Act, and an Environmental Impact Statement if indicated by the EA. F. A copy of the State, city, or county recreation map or plan showing the present park land in relationship to the proposed substitute land. G. A copy of the legal description, the Program of Utilization, and a development schedule for each property proposed for substitution. H. An official acknowledgement of willingness to apply, in perpetuity, to the new property, all restrictions contained in the deed of conveyance of the surplus property 4 20A-7 20A-8 EXHIBIT A-1 TASKS NEEDED FOR NPS FINAL DECISION # TASK COST 1 Appraisal Report for both properties by NPS acce table a raiser 8,000 2 Recreation Value Report TBD 3 Soils Analysis 50 000 4 Environmental Assessment (EIS) 120,000 5 Legal Description &c Title Search 5,000 6 Soil Compaction 8c Grading 80,000 TOTAL $263,000 20A-9 20A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION ENHANCEMENT FUNDING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Orange County Transportation Authority, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide Transportation Enhancement funding up to the amount not to exceed $285,750 for the Maple Street Bike Trail Landscaping Project. 2. Approve an appropriation adjustment accepting funds in the amount of $285,750 into the Select Street Construction Revenue Fund for Federal Grants (accounting unit 05917002- 52001) and appropriating $285,750 to the Select Street Construction Expense Fund for Improvements Other Than Buildings (accounting unit 05917660-66220). 3. Approve an appropriation adjustment accepting funds in the amount of $95,250 into the Residential Development District 3 Revenue Fund (accounting unit 31313002-53300) and appropriating $95,250 to the Select Acquisition and Development Fund for Improvements Other Than Buildings (accounting unit 31313260-66220) for the 25 percent matching requirement for the project. DISCUSSION On June 21, 2010 the City Council authorized the application for project funding through the Transportation Enhancement (TE) Program administered by the Orange County Transportation Authority (OCTA). On September 27, 2010 OCTA authorized federal funding up to $285,750 for the Maple Street Bike Trail Landscaping Project. These funds are designated for Transportation Enhancement projects including landscaping, scenic beautification, and bicycle and pedestrian projects to better integrate transportation facilities into the surrounding community. The Maple Street bike trail is part of the Golden Loop Recreational Trail, a 24-mile regional trail that encircles the entire city boundary and is part of the OCTA Commuter Bikeways Strategic Plan. 20B-1 Agreement with OCTA For Transportation Enhancement Funding February 7, 2011 Page 2 FISCAL IMPACT Upon approval of appropriation adjustments funds will be available in the Transportation Enhancement Fund (account unit 05917660-66220) and in the Acquisition and Development Fund (accounting unit 31313260-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director Public Works Agency K Gerar o R Mouet Execu ive Director Recreation and Community Services RG/JP Exhibit 1. Agreement - lmms? ?-- ?L-. - ?? A NJ Francisco Gutierrez 111w, Executive Director Finance & Management Services Agency 20B-2 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-0-1812 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR FEDERAL TRANSPORTATION ENHANCEMENT PROJECT MAPLE STREET BIKE TRAIL LANDSCAPING ENHANCEMENT THIS AGREEMENT is effective this day of 2010, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Santa Ana, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between the AUTHORITY and CITY for engineering, right-of-way acquisition, and construction of Maple Street Bike Trail Landscaping Enhancement; (hereinafter referred to as "PROJECT"); and WHEREAS, CITY is an eligible recipient of Federal funding under the 2010 Transportation Enhancement (TE) program and the PROJECT is eligible for TE funding; and WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved providing funding of up to Two Hundred Eighty Five Thousand Seven Hundred Fifty Dollars ($285,750) or 75% of the total project of TE funds, and identifying Ninety Five Thousand Two Hundred Fifty Dollars ($95,250) of CITY local match for a total of Three Hundred Eighty One Thousand Dollars ($381,000); and Page 1 of 10 L Cemm\CLERICAL%CLERICAL%WOROPROCWGREEWGO1812 20B-3 AGREEMENT NO. C-0-1812 I WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT 2 including engineering, right-of-way acquisition, construction management and construction shall be 3 Three Hundred Eighty One Thousand Dollars ($381,000) in accordance with Exhibit A titled "TE a Funding Plan", which is attached herein and incorporated by reference; and 5 WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration 6 (FHWA) authorization is required following the AUTHORITY's amendment to the Federal 7 Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of s PROJECT for performance under this Agreement; and 9 WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, 10 Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), which provides the TE I i funding, was passed by the federal government in 2005, expired in September of 2009 and was 12 extended until December of 2010. TE funding for the PROJECT is contingent upon funding being 13 available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its 14 eligibility for this funding; and 15 WHEREAS, the California Department of Transportation (Caltrans) administers the 16 Transportation Enhancement (TE) program on behalf of the Federal Highways Administration 17 (FHWA) and the California Transportation Commission (CTC) approves funding for projects through is the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming 19 the funds to specific projects within Orange County. Caltrans in responsible for acquiring federal 20 approvals for the project on behalf of the CITY, determining federal eligibility, compliance with 21 federal requirements, and reimbursement for project activities. 22 WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, 23 construction management and construction of said PROJECT; and 24 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and 25 funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for 26 completion of the PROJECT. Page 2 of 10 L. Camm\CLERICAL\CLERICAL\WOROPROCWGRE E\AGO1812 20B-4 AGREEMENT NO. C-0-1812 1 2 3 a 5 6 7 8 9 10 11 12 13 14 IS 16 17 IS 19 20 21 22 23 24 25 26 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on September 27, 2010; and WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of 2010. NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement Page 3 of 10 L Camm1CLERICALACLERICAL\WOROPROCIAGRE E1AGO1812 20B-5 AGREEMENT NO. C-0-1812 i and issued in accordance with the provisions of this Agreement. 2 ARTICLE 2. SCOPE OF AGREEMENT 3 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 4 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate s and coordinate with the other in all activities covered by this Agreement and any other supplemental 6 agreements that may be required to facilitate purposes thereof. 7 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY s AUTHORITY agrees to the following responsibilities for PROJECT: 9 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California 10 Association of Governments (SCAG) amend the FTIP to program up to Three Hundred Eighty One >> Thousand Dollars ($381,000) in accordance with the funding plan outlined in Exhibit A, whereby 12 AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA approval. 13 B. AUTHORITY shall provide assistance to CITY in securing the TE funds. 14 C. AUTHORITY shall not be obligated to program any amount beyond what has been Is identified in this Article. 16 D. AUTHORITY shall process any required FTIP amendments. 17 E. AUTHORITY shall review and approve the CITY's request for allocation prior to la submittal to Caltrans District 12. 19 F. AUTHORITY shall cancel projects for which the CITY has not submitted an E-76 and 20 Allocation Request by February 1 of the fiscal year for which funds are programmed and, or has not 21 advanced the project to ready-to-list stage as determined by Caltrans guidelines. 22 ARTICLE 4. RESPONSIBILITIES OF CITY 23 CITY agrees to the following responsibilities for PROJECT: 24 A. CITY will act as the lead agency for the engineering, right-of-way, construction and 25 construction management of the PROJECT. 26 B. CITY is responsible for submitting semi-annual review reports for the PROJECT at Page 4 of 10 L. Camm1CLERICAL\CLERICALIWORDPROCWGREEV+GO1 Bi 2 20B-6 AGREEMENT NO. C-0-1812 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the request of the OCTA (EXHIBIT B titled "TE Semi-Annual Report") C. CITY is responsible for submitting a final report upon completion of the project at the request of the OCTA (EXHIBIT C titled "TE Final Project Report Form"). D. CITY is responsible for preparing and submitting to AUTHORITY all California Transportation Commission (CTC) documentation needed for Allocation Vote two months prior to CTC meeting and no later than February 1 of the fiscal year for which funds are programmed. E. CITY is responsible for preparing and submitting all necessary Caltrans required documentation including Request for Authorization to Proceed (E-76). CITY cannot proceed with advertisement of project or any work prior to E-76 authorization. CITY agrees to submit E-76 to Caltrans District 12 by February 1 of the year for which funds are programmed. All prior approvals, including but not limited to California Department of Transportation environmental approval and right-of-way certification (if applicable), must be attained prior to February 1 to meet this requirement. F. CITY acknowledges that if the allocation request and E-76 are not submitted to AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of environmental and right-of-way certification (if applicable) by this date or has not advanced the project to ready-to-list stage as determined through Caltrans guidelines the proposed funding will be cancelled by AUTHORITY. G. CITY agrees to provide a minimum of 25% of the final project cost in City funds for construction as the required local match. Based on the existing budget, this amount is estimated to be Ninety Five Thousand Two Hundred Fifty Dollars ($95,250). Actual match will be determined based on construction contract award amount; and H. CITY agrees that the overall budget for this PROJECT is a not-to-exceed amount of Three Hundred Eighty One Thousand Dollars ($381,000); contingent on TE funding from reauthorization of SAFETEA-LU. 1. CITY agrees that any cost overruns shall be the responsibility of the CITY. Page 5 of 10 L Camm\CLERICAL\CLERICAL\WORDPROCWGREE\AGO1812 20B-7 AGREEMENT NO. C-0-1812 I J. CITY is responsible for completing the PROJECT in accordance with the funding plan 2 (EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines, 3 State Transportation Improvement Program Guidelines, and any and all other requirements of the 4 federal, state, and Caltrans related to the TE. 5 K. CITY agrees that cost savings shall be distributed proportionally with TE and local 6 funding. 7 ARTICLE 5. DELEGATED AUTHORITY s The actions required to be taken by CITY in the implementation of this Agreement are v delegated to its Director of Public Works, or designee, and the actions required to be taken by 10 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 11 Executive Officer, or designee. 12 ARTICLE 6. AUDIT AND INSPECTION 13 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 14 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 15 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, 16 and other data and records of CITY for a period of four (4) years after final payment, or until any on- 17 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be is the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this 19 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. 20 The above provision with respect to audits shall extend to and/or be included in construction 21 contracts with CITY's contractor. 22 ARTICLE 7. INDEMNIFICATION 23 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 24 employees and agents from and against any and all claims (including attorney's fees and reasonable 25 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 26 worker's compensation subrogation claims, damage to or loss of use of property alleged to be Page 6 of 10 L Camm\CLE RICAL\CLERICAL\MROPROCAGREE%AGO1812 20B-8 AGREEMENT NO. C-0-1812 I caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, 2 employees or agents in connection with or arising out of the performance of this Agreement. 3 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, 4 employees and agents from and against any and all claims (including attorney's fees and reasonable s expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 6 worker's compensation subrogation claims, damage to or loss of use of property alleged to be 7 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, 8 employees or agents in connection with or arising out of the performance of this Agreement. 9 C. The indemnification and defense obligations of this Agreement shall survive its iu expiration or termination. 11 ARTICLE 8. ADDITIONAL PROVISIONS 12 The AUTHORITY and CITY agree to the following mutual responsibilities: 13 A. Term of Agreement: This Agreement shall continue in full force and effect through 14 project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation, 15 whichever is earlier. This Agreement may be extended at the mutual consent of both parties. 16 B. Termination: This agreement is null and void if project is not funded. AUTHORITY 17 shall cancel projects for which the CITY has not submitted an E-76 and Allocation Request by Is February 1 of the fiscal year for which funds are programmed and, or has not advanced the project 19 to ready stage as determined by AUTHORITY. This Agreement may be terminated by either party 20 after giving thirty (30) days written notice. This Agreement shall not be terminated without mutual 21 agreement of both parties. 22 C. This Agreement may be amended in writing at any time by the mutual consent of both 23 parties. No amendment shall have any force or effect unless executed in writing by both parties. 24 D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, 25 statues, ordinances and regulations of any governmental authority having jurisdiction over the 26 PROJECT. Page 7 of 10 L Camm\CLERICAL\CLERICALkMROPROCVIGREEWGO1812 20B-9 AGREEMENT NO. C-0-1812 I E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 2 execute this Agreement on behalf of said parties and that, by so executing this agreement, the 3 parties hereto are formally bound to the provisions of this Agreement. a F. Severability: If any term, provision, covenant or condition of this Agreement is held to s be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8 G. Counterparts of Agreement: This Agreement may be executed and delivered in any v number of counterparts, each of which, when executed and delivered shall be deemed an original 10 and all of which together shall constitute the same agreement. Facsimile signatures will be II permitted. 12 H. Force Majeure: Either Party shall be excused from performing its obligations under this 13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable la cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; lS commandeering of material, products, plants or facilities by the federal, state or local government; 16 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 17 such cause is presented to the other Party, and provided further that such nonperformance is 18 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 19 I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, 20 or authority hereunder may be assigned in whole or in part by either Party without the prior written 21 consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be 22 deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to 23 any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 24 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 25 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the 26 terms, in amounts, or for purposes other than as authorized by local, state or federal law. Page 8 of 10 L Camm\C LERICALICLERICAL\WORDPROCAGREE\NGO1812 20B-10 AGREEMENT NO. C-0-1812 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. M. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To AGENCY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza 550 South Main Street M-36 P. O. Box 14184 Santa Ana, CA 92702 Orange, CA 92863-1584 Attention: Souri Amirani Attention: Ms. Reem Hashem Tel: 714-647-5640 Principal Contract Administrator Email: Samirani@santa-ana.org 714-560-5446 Email: rhashem@octa.net Cc: Ben Ku, Senior Transportation Funding Analyst Page 9 of 10 L. CammNCLERICAUCLERICALIWORDPROCWGREEWGO1812 20B-11 AGREEMENT NO. C-0-1812 1 2 3 s 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 0/25 26 This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-0-1812 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY Bv: Miguel Pulido Mayor ATTEST: By: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Bv: Joseph W. Fletcher City Attorney Dated: Bv: Laura Sheedy Assistant City Attorney Dated: By: Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: 6"X Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: Bv: Kia Mortazavi Executive Director, Planning Dated: Page 10 of 10 L. Camm\CLERICAL\C LERICAL\WORDPROCW GREE%GO1812 20B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBURARY 7, 2011 TITLE CONTRACT AWARD TO NTH GENERATION COMPUTING, INC. FOR COMMVAULT PREMIER MAINTENANCE RENEWAL (SPEC. NO. 11-001) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to NTH Generation Computing, Inc. for the purchase of Commvault Software Maintenance Renewal in the amount not to exceed $31,600. DISCUSSION The Information Services Division provides all computerized support for Santa Ana City Hall and the Santa Ana Police Department Data Centers. As such, having a reliable data backup and recovery software system that ensures the integrity of data transferred and stored is critical. In 2007, the Information Services Division conducted an assessment of commercially available backup and recovery software which included onsite testing of products. The results of the assessment concluded with the selection of Commvault, Inc. application software as be the best match for the needs of the City. Commvault data backup and recovery software was installed and has performed satisfactorily and the maintenance/customer support provided with the product has been excellent. The term of the maintenance and support is expiring and staff recommends that it be renewed to ensure continuity of updates, upgrades and technical support to keep critical software operating at peak efficiency. 22A-1 Contract Award for Commvault Premier Maintenance Renewal February 7, 2011 Page 2 The notice inviting bids was advertised on January 5, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid emailed 4 Bids received Bids were received and opened January 12, 2011 (Exhibit 1). The bid from NTH Generation Computing, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency EG 22A-2 Contract Award for Commvault Premier Maintenance Renewal February 7, 2011 Page 3 ABSTRACT OF BIDS CONTRACT AWARD FOR COMMVAULT PREMIER MAINTENANCE RENEWAL (11-001) Vendor NTH Generation Impex Technologies, Computing, Inc. Inc Location San Diego, CA Torrance, CA Total $31,600.00 $31,826.84 NWW Vendor GovPlace Corporation Sacramento, Location Irvine, CA CA Total $32,469.99 $32,586.09 Exhibit 1 22A-3 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: AGREEMENT AWARD FOR STEAM CLEANING ?CE?? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED (] As Recommended 0 As Amended 0 Ordinance on ??` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with TSCM Corporation for steam cleaning services for a one year period, in an amount not to exceed $45,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Steam cleaning services are required at various locations throughout the Downtown and Main Street. The steam cleaning program in Downtown allows for annual cleaning of the Second Street fountain as well as semi-annual and quarterly cleaning of specified parking lots, trash enclosures, sidewalks, catwalks, alleys and stairways- The steam cleaning program on Main Street includes the public parking lots south of First Street and near Bowers Museum. Request for Proposals were advertised on the City's website and mailed to 16 vendors. A summary of the proposals requested and received is as follows: 16 Request for Proposals mailed 1 Request for Proposal mailed to Santa Ana vendors 4 Vendors attended the Job Walk 1 Proposal received O Proposals received from a Santa Ana vendor On November 22, 2010, only one proposal was received from TSCM Corporation. It was evaluated in four areas covering experience providing requested services. The proposal was reviewed for clarity, detail, pricing and work plan. TSCM Corporation's proposal is responsive to the specifications and meets the City's requirements. TSCM is currently providing services in the Downtown, Main Street and the Depot and has provided a high standard of service. 25A-1 Agreement Award for Steam Cleaning February 7, 2011 Page 2 The agreement term will be for one year from February 7, 201 1 , through February 6, 2012, in the amount of $45,000. FISCAL IMPACT Funds are available in the various departments' other Contractual Services accounts (nos. 02718860-62300 and 40718842-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Cynt is J. el n Deputy City Manager for Development Services Community Development Agency ? nom ss?r ? _ , ? ?. _ _ _ .7 Francisco Gutierrez Executive Director Finance & Management Services Agency CJN/NTE/TE/mlr Exhibit: 1. TSCM Agreement 25A-2 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, effective this _ day of , 2011, by and between TSCM, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of steam cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standazds as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform steam cleaning services in various locations throughout the Downtown and Main Street, as set forth in Exhibit A to this Agreement. The steam cleaning program in Downtown allows for annual cleaning of the 2°d Street fountain, as well as semi- annual and quarterly cleaning of specified parking lots, trash enclosures, sidewalks, catwalks, alleys and stairways, and additional locations as determined by the City. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $45,000.00 annually during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. EXHIBIT 1 25A-3 3. TERM This Term of this Agreement shall be a twelve (12) month period. The term of this Agreement maybe extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similaz taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply the City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Legal Counsel. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25A-4 d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Legal Counsel. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terrr?s of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25A-5 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Deputy City Mgr. for Development Services Community Development Agency -City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, Califomia 92702 Telefacsimile (714) 647-6515 25A-6 To Contractor: TSCM 18281 Gothazd Street, Ste. 109 Huntington Beach, CA 92648 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: 25A-7 a. As a condition of such payment, the Deputy City Manager, or his/her designee, may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOU5 PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25A-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA David N. Ream City Manager APPROVED AS TO FORM: City Attorney By: Lisa E. Storck Assistant City Attorney CONTRACTOR - TSCM: By: Name: Title: Tax ID# 25A-9 25A-10 PROPOSAL This sheet must be completed in full and returned with Offeror's Proposal I. BID PRICE Annual Description 200 W. 2"d Street Fountain Semi-Annual 201 1 N. Main Street Pazldng Lot Quarterly Trash Enclosures (3) 312 N. Bush St., 201 W. 3`d, 310 N. Birch St. 3"' and Broadway Catwalk behind garage S. Main St. Sidewalks la` to Warner 200 W. 2id Street Promenade Alley 200 W. 2? Street Promenade 205 W. Civic Center Drive. Sidewalks 8z Stairways 3? 8c Bush Street Pazking Lot 312 N. Bush Street Pazking Lot 300 S. Main Street Pazking Lot 606 S. Main Street Parking Lot 1022 S. Main Street Pazking Lot $ 385.00 $ 800.00 $ 7 ,300.00 $ 7 ,540.00 $ 27,800.00 $ 300.00 $ 2,900.00 $ 7,300.00 $ l , 700.00 $ 300.00 $ 7 ,300.00 $ 660.00 $ 525.00 All charges identified with service cleaning costs and the service of this contract must be included in the above total. TOTAL ANNUAL BID PRICE $ 40.870.00 EXHIBIT A 25A-11 25A-12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits azising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to Countersigned by this endorsement form as a part of Insured Authorized Representative 25A-13 25A-14 REQUEST FOR _, COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES, INC. FOR INMATE FOOD SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended 0 Ordinance on 1?? Reading 0 Ordinance on 2ntl Reading Implementing Resolution (] Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate food services and catering service for various City events in an amount not to exceed $1,443,160 for aone-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 16, 2007, Council approved athree-year agreement with two, one-year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. also provides catering services for various City meetings and events. Aramark Correctional Services, Inc. has performed satisfactorily during the first four years and staff recommends executing the second one-year renewal option. During the fifth year of the agreement, the per meal price will increase from $2.175 to $2.203, based on the CPI, All Urban Consumers, U.S. City Average, Food Away From Home Index. The amendment also includes catering services for various City departments. FISCAL IMPACT Funds are available in the Police Department's Jail Services fund for inmate food services (account no. 01 1 1 4475-62300), and various departmental Operating Materials & Supplies accounts (account 63001) for the catering services. " ?,?,-? Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ;? 25B-1 25B-2 SIXTH AMENDMENT TO AGREEMENT THIS SIXTH AMENDMENT TO AGREEMENT made and entered into this day of 201 1 by and between ARAMARK CORRECTIONAL SERVICES, LLC, a Delaware limited liability company, having its principle place of business located at the ARAMARK Tower, 1 1 O1 Market Street, Philadelphia, PA 19107 (hereinafter "ARAMARK"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The Parties entered into that certain Inmate Food Service Agreement A-2007- 015, dated January 16, 2007 (hereinafter "said Agreement"), by which ARAMARK provides food service for the Santa Ana City Jail Facility. B. City and Aramazk wish to amend the "Price per meal" in accordance with the terms of said Agreement and to increase the compensation to pay the increased per meal price during the term from February 1, 201 1 through Januazy 31, 201 1. C. Aramazk provides catering services for various City events throughout the yeaz. The Parties desire to amend said Agreement to provide for such catering services on an as- requested basis. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: a. ARAMARK shall perform inmate meal preparation and operate the Code-7 Cafe, as those services aze set forth in the CITY's Request for Proposals (RFP #06-151) and ARAMARK's Technical Proposal for Food Service Management dated November 1, 2006, collectively, as described in Exhibit A to said Agreement, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. ARAMARK shall be responsible for: • All expenses specified in the Request for Proposal, including laundry, uniforms, insurance, long distance telephone, computer for ARAMARK's use, office supplies, postage, food products, taxes and licenses, employment advertising expenses, small wazes replacements and maintenance of equipment. • ARAMARK will provide the managerial and administrative expertise to operate the Food Service Program. 1 25B-3 • ARAMARK will be responsible for all management functions including purchasing, accounting, employee supervision, technical assistance and planning. • ARAMARK will own the food and supplies inventory. CITY shall be responsible for: • Providing adequate heat, light, ventilation and other utilities; • Local business telephone service; • Extermination services and removal of trash and gazbage from the Facility trash removal containers; • General maintenance to the building structure, including gas, water, sewer, ventilation, lighting, air conditioning, refrigeration, duct work, floor coverings, wall and ceiling surfaces; • Provision of adequate preparation, storage, serving and holding equipment and utensils, including maintenance for same; • Security, control and limitation of inmate movement in, to and from the food service area, including physical security of employees, suppliers, and other authorized visitors. b. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services. 2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for its services: For each Prime Option inmate meal served pursuant to this Agreement from Februazy 1, 201 1 through January 31, 2012, a per meal cost of $2.203. Compensation for inmate food service and catering services provided by ARAMARK during the February 1, 201 O through January 31, 201 1 term shall not exceed $1,443,160." b. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Cafe sales report. 5. Catering service fees 2 25B-4 Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services provided, subject to City accounting procedures. Payment shall be sent to: ARAMARK Correctional Services, LLC P.O. Box 406019 Atlanta, Georgia 30384-6019 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one-year period through January 31, 2012. 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: ARAMARK CORRECTIONAL SERVICES, LLC JOSEPH STRAKA Interim City Attorney By: Melissa M. Crosthwaite Deputy City Attorney (NAME) (Title) 3 25B-5 EXHIBIT A ARAMARK shall provide inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #06-151, and ARAMARK's Proposal dated November 1, 2006. ARAMARK shall serve three meals to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 5 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $O.OS per meal sold to any such outside facility, as set forth in section S.Q. of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code-7 Cafe located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s? of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual inmate's account in the Inmate Welfare Fund. ARAMARK will remit to City atwenty-five percent (25%) commission on the total Fresh Favorites net sales each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 4 25B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 TITLE: AGREEMENT AWARD FOR GRAFFITI REMOVAL SERVICES aAvi'4? CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ??,D &n /;2-2.0-/p - (br&ae. „& /-/S -// FILE NUMBER -Conk. A 2- ?-// Authorize the City Manager and the Clerk of the Council to execute the agreement with Graffiti Protective Coatings, Inc., to provide graffiti removal services, for an amount not to exceed $600,000 with an option to extend the agreement for four additional one-year renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Division is responsible for citywide graffiti abatement. Graffiti abatement is performed 365 days a year. Graffiti is typically removed within 24 hours based on requests received from City staff and from residents through the City's graffiti hot-line telephone number. Contracting graffiti services have been pursued to provide enhanced service levels to the community. The contractor will be required to provide citywide color matching as part of the contract. Currently, staff does not provide color matching due to the cost to purchase specialized equipment for each employee. Color matching eliminates the patchwork of dissimilar colors at a specific location, which then removes the "graffiti scar" that often provokes additional graffiti to occur. Also, the contractor will be required to provide upper-level graffiti removal daily. By the contractor exclusively handling this service, the City's liability for potential damage to structures and employee injuries is eliminated. The contractor will be required to offer this service daily. Further, the City hires a second contractor at $120,000 a year to provide the Police Department with graffiti crime analyses. Graffiti Protective Coatings, Inc., will include this service in the proposed contract at no additional charge. 25C-1 Agreement Award for Graffiti Removal Services January 4, 2011 Page 2 A Request for Proposals was advertised on August 12 and 14, 2009, and proposals were solicited. A summary of the proposals requested and received is as follows: 11 Request for Proposals mailed 0 Request for Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors On August 26, 2009, two proposals were received and were evaluated by a City team comprised of representatives from the Public Works Agency, Police Department, and Community Development Agency using the following criteria: organizational credentials, experience, work plan, and pricing. The maximum obtainable score is 750. The ratings for the two respondents are as follows: FIRM LOCATION PRICE PER MONTH RATING Graffiti Protective Coatings, Inc. Los Angeles, CA $50,000 709 Urban Graffiti Enterprises Inc. Azusa, CA $37,500 507 Staff performed reference checks on both proposers and was informed by several cities that Urban Graffiti Enterprises Inc. did not perform and therefore their contract was not renewed. The proposal from Graffiti Protective Coatings, Inc., (GPC) received the highest overall rating, is responsive to the specifications, and meets the City's requirements. The GPC proposal included an extensive work plan and demonstrated the organizational credentials and staff experience necessary for removing graffiti. They have consistently demonstrated the ability to provide a high standard of service. Additionally, GPC provided staff with a written statement indicating the rate of pay for their employees exceeds the living wage standards for the Santa Ana and Orange County area. Thus staff recommends an agreement with GPC for an annual amount of $600,000 with no cost increases over the five-year term per Exhibit 1. There will be no layoffs of City employees as a result of this contract. City staff assigned to the graffiti removal program will be reassigned to the right-of-way maintenance program in the sanitation fund with no changes to their current salary rate. Current estimates are that up to 80 percent of the staff in the Maintenance Services Division is eligible to retire within the next five years. With a conservative assumption of one employee retiring per year, the Sanitation Fund will then realize a gradual cost savings. This reduction in personnel costs is an important long-term strategy to balance the sanitation fund given that any increase in this fund is subject to voter approval per Proposition 218. 25C-2 Agreement Award for Graffiti Removal Services January 4, 2011 Page 3 FISCAL IMPACT Funds are available in the Environmental Sanitation Fund (accounting unit 06817642-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godi z II Francisco Gutierrez F3 Executive rector Executive Director Public Wor Agency Finance & Management Services Agency RG:DM Exhibit: 1. Letter from GPC 25C-3 25C-4 December b, 2010 Ms. Danell Mercado City of Santa Ana 220 5. Daisy Ave. Santa Ana, CA 92702 Ms. Mercado. In an effort to promote stability, guarantee residents and businesses with quality graffiti removal and customer service, GPC is committing to no increases in its unit cost for the next five years of contract service. By blitzing the City with an aggressive and thorough proactive "zero tolerance" effort, and including color matching and daily upper level graffiti removal city-wide w the contract, GPC is confident that within one year the amount of graffiti reoceurrences will decrease. As a result, GK in coordination with City staff will re-evaluate required manpower after one year, and will remove one vehicle from service which would reduce our contractual obligation by $120,000. I would also like to inform you of GPC's effoiis working directly with the community. GPG offers hands on workshops and sponsored clean-up events with neighborhood leaders and volunteers to educate them on graffiti removal along with leaving them training and supplies to continue helping in their community. SineerejN,r, , f: Carla LerHmtif , President Exhibit 1 25C-5 25C-6 GRAFFITI REMOVAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of February, 2011 by and between Graffiti Protective Coatings, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of graffiti removal. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide graffiti removal services, with a staff of five (5) Graffiti Removal Persons, under the direction of City staff, as set forth in Exhibit A, attached hereto and incorporated to this Agreement by reference. Said graffiti removal services shall comply with the City of Santa Ana Graffiti Abatement Standards Manual attached hereto as Exhibit A-1, and Contractor's proposed Method of Approach attached hereto as Exhibit A-2. Graffiti removal shall be performed every day of the week. It shall be Contractor's responsibility to schedule personnel to ensure graffiti removal is accomplished in a timely manner each day. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $50,000 per month, as set forth in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $600,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 1, 2011 and terminate on February 28, 2012, unless terminated earlier in accordance with Section 12, below. The contract may be extended on the written agreement of the parties, for up to four (4) additional one-year terms. Any such extension shall be subject to the same terms and conditions contained in this Agreement. Increases may be negotiated and adjusted prior to the commencement of any extended term, to be effective during such extended term. In the 1 25C-7 event sufficient budgeted funds are not available for a new fiscal period, the City shall notify Contractor of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2 25C-8 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency - Maintenance Services City of Santa Ana 220 S. Daisy Avenue Santa Ana, California 92703 3 25C-9 telefacsimile (714) 647-3345 Attn: Will Hayes and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Graffiti Protective Coatings, Inc. Carla Lenhoff 419 N. Larchmont Blvd., #264 Los Angeles, California 90004 telefacsimile (323) 464-4472 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor through the termination date, however, payment need not be made for work 4 25C-10 which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall have no other claim against City by reason of such termination. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// 5 25C-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR RAUL GODINEZ II Executive Director - Public Works Agency (NAME) (Title) Tax ID# 6 25C-12 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR'S RESPONSIBILITIES - A. Work Assignments 1. Contractor will provide graffiti removal services for all streets, sidewalks, private and public property, parks, bike trials, flood channels, civic center and right-of-ways, located within city limits. 2. The Contractor shall contact the Project Manager and/or his/her designee each weekday, at a mutually agreed upon time, to discuss the Contractor's schedule for the day, pending work orders, areas to be maintained and areas to be inspected for approval. Weekend work orders will be assigned on Friday. 3. The Contractor shall receive work orders from the Project Manager and/or his/her designee via electronic mail, facsimile, or written, as agreed upon by the Project Manager and/or his/her designee and the Contractor. 4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal according to the PWA Graffiti Removal Standards, attached hereto as Attachment 1, which will maintain the integrity of the surface. 5. The Contractor shall provide services within twenty-four (24) hours of receiving work orders. In the event that a site cannot be abated within twenty-four (24) hours due to inclement weather, size of the site or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. 6. Work may be assigned as a targeted graffiti route with graffiti removal. As directed by the Project Manager and/or his/her designee, the Contractor shall be assigned to schedule visits to specified sites, neighborhoods or corridors. The Contractor may be required to work with a site, neighborhood or corridor liaison in addition to the Project Manager and/or his/her designee. 7. The Contractor shall meet with the Project Manager and/or his/her designee one time per week at a mutually agreed upon time to discuss program status and issues. 8. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately. Emergency response sites will have first priority and may require abatement on the same day. 9. The Contractor shall deliver completed work orders to the Project Manager and/or his/her designee via electronic mail, facsimile, mail or in person on, or prior to, the first working day of the week following assignment of the work order. Accommodations for special projects may be made. 10. Work on private property shall not be performed without the Contractor a Consent form signed by the owner or authorized by the Project Manager and/or his/ her designee. The Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and/or his/her designee on a weekly basis and are property of the City. The City will maintain a database of Consent Forms. B. Description of Work 1. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after markings have been removed. 2. Unless otherwise approved by the Project Manager and/or his/her designee, graffiti shall be removed so that virtually no trace of the pre-existing graffiti remains. 3. The Contractor shall protect the surfaces adjacent to the area to be abated. 7 25C-13 4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager and/or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. 5. In the event that the Contractor arrives on site to find the graffiti has been abated, the Contractor shall notify the Project Manager and/or his/her designee and submit photos of the location within 24 hours. 6. The Contractor shall ensure protection of the work area at all times including, but not limited to: a. Barricading the area of work at distances so as not to allow persons who are not involved with the abatement into the area. b. Barricading area work performed within the public right-of-way. c. Using warning signs and sidewalk and street cones to inform the public of work being conducted as stipulated in watch handbook. d. Immediately correcting damage to the work site. e. Leaving work in undamaged condition. f. Providing signs to protect the finishes and the public. 7. The Contractor shall remove all equipment and materials from each site and leave the site broom clean at the completion of each removal location. 8. The Contractor shall dispose of all materials containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statuary requirements. Material rinse residue shall be collected and disposed of appropriately. C. Photographic Documentation of Work 1. Photographs shall document the size, type of surface, hotline or no hotline, private or public property, paint or water blast of the area of graffiti to be abated. Photographs shall also document the address of the location of the graffiti. Equipment to take photographs will be provided by the City. D. Personnel 1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. Such representative shall have a cell phone to in order to be contacted by the Project Manager and/or his/her designated staff. 2. Contractor shall make the designated representative available to accompany the City representative to inspect sites and/or work upon twenty-four (24) hours notice. 3. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee, whether supervisory or non-supervisory. 4. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 5. Any person assigned to this contract found to be in possession of and/ or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. 6. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representative. All employees performing services must undergo a criminal background investigation prior to service under this contract. 8 25C-14 E. Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. F. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. G. Use of Products 1. The Contractor shall be in possession of a copy of the MSDS for each product used in the performance of work at all times. 2. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/ her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer's specifications. 4. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act. H. Protection of the Public and Damages to existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/ or repair changes resulting from the Contractor's actions and responsibility of the Contractor. 2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices according to the watch handbook. 3. The Contractor shall avoid damage to existing structures. In the event that structure is damaged in the course of the work, the Contractor shall be solely responsible for its repair or replacement. 1. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Excel 2003 format approved by the Project Manager and/or his/her designee. 2. The Invoice shall include the following: a. Contract number b. Contractor's invoice number c. Abatement site address d. Work order number e. Beginning and ending dates for services 9 25C-15 f. Square footage removed for each method of removal g. Total square footage removed h. Unit cost, subtotals and total for invoice II. SPECIFICATIONS- Painting 1. The Contractor shall professionally match existing paint using an approved paint palette. 2. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block unless painting is specifically requested by the property owner or Project Manager and/or his/her designee. These specific requests shall be noted on the work order for the site. III. SPECIFICATIONS- Media Blasting and Chemical Removal 1. All chemical graffiti removal products shall be biodegradable and environmentally safe. 2. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface. 3. Should one location require more than one removal technique and the total square footage of the abatement does not exceed one hundred fifty (150) feet, the City shall not be charged the minimum charge for both techniques. The Contractor may charge the average of the minimum charges for the techniques used. IV. WORKING HOURS Working hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. weekdays On Saturdays, Sundays and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. Contractor shall respond to graffiti removal request received between 12 noon on Saturday and 12 noon on Sundays by 5:00 p.m. that same Sunday. If the Contractor cannot respond to a request made after 12 noon on a Sunday or holiday, Contractor will inform City on the following workday and abatement responsibility will be assigned by City. V. Work by the City Staff Because of Nonconformance to Contract Should the Contractor fail to correct deficiencies or public nuisances that have been created because of Contractor's operation, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional callout charge of $75 for each callout. It should be noted that there is a minimum of a two-hour charge for labor on any callout. Contractor shall provide experienced and knowledgeable professional staff. Contractor's Project Manager and staff shall be responsive and maintain excellent working relationships with city residents, property owners, government officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor will be required to carry a State of California Painting Contractor's License and a City of Santa Ana Business License and shall be knowledgeable and very familiar with federal, state and local regulations. Contractor services will include but not limited to attendance at City Commission, City Council and neighborhood meetings as determined by staff. Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor. The City reserves the right to reject, replace and approve any and all subcontractors. 10 25C-16 EXHIBIT B FEESCHEDULE Contractor will provide five (5) graffiti removal personnel - Paint and water blast combo, each working 40 hours per week. Contractor shall schedule personnel such that graffiti removal occurs seven (7) days per week, including weekends and holidays. Contractor employees working pursuant to this Agreement will perform approximately 2,500 to 3,000 removals per month and remove 50,000 to 60,000 sq. ft. of graffiti per month. City shall pay $10,000 per Contractor employee assigned to City graffiti abatement (40 hours per week) for a total not to exceed amount of $50,000 per month. City may increase the number of graffiti removal personnel at no additional increase in the unit bid price. Said fee shall include all Contractor costs including direct and indirect labor costs, overhead, materials, printing, travel and mileage. 11 25C-17 rrs a ?u S cl n t cl A " cl GRAFFITI HOTLINE (1177) STOP TAG (1177) 780-71124 City of Santa Ana Public Works Agency Grailiti Abatement Standards Manual Exhibit A-1 Last printed 8/14/2009 3:34:00 PM 25C-18 Table of Contents I . Introduction .................................................................................................... 3 2. Definitions ..................................................................................................... 3 3. General Procedures ........................................................................................ 4 4. Graffiti Abatement Standards a. Poles ..........................................................................................................6 b. Walls ........................................................................................................ 9 c. Utility Boxes ............................................................................................ 10 d. Trees ....................................................................................................... 12 e. Miscellaneous Abatements ...................................................................... 13 Appendix A. Referral Call Sheet B. AT&T Graffiti Sheet C. Satellite Camera Instruction Sheet 2 25C-19 Introduction The mission of the Graffiti Task Force is to improve the quality of life for those who live, work and visit our City by removing urban blight and effectively sharing resources. The Public Works Agency (PWA) Graffiti Abatement Team strives to perform this mission by removing graffiti within 24 hours using their resources wisely, having a positive attitude and following the procedures outlined in this manual. Definitions City of Santa Ana 6 Colors: Vista Paint Navajo White - K850 39PF White - 00 39 Rustic - K852 39PF O'Brien - K951 30AF Cape Cod Gray - K851 39PF Concrete Paint - VP2-34539 Hard Hat Gray: Spray Paint - fast drying galvanizing compound. Black Marking Paint: Survey type of spray paint. Various colors of spray paint are available for graffiti abatement. Several items have a specific color assigned for abatement. Other items for abatement should use the color that matches best. Spot Treatment: Square-out the graffiti and fill in the square covering only the graffiti. Square-Out x2 Method: Paint over the same area 2x covering only the graffiti. If the area has 2 or more square outs then paint the area from top to bottom, the length of the spray hose. 3 25C-20 Disclaimer These standards have been developed by the PWA Abatement Team Staff. However, the policies and procedures can be waived by management, as needed for special circumstances. General Procedures 1. Painting Painting a wood fence or block wall: ? For unpainted surfaces, obtain permission to paint from the property owner prior to painting. ? After obtaining permission paint the entire surface with the color selected by the property owner. ? For a surface previously painted a City primary color, you may square- out the graffiti twice, and on the third abatement coat, paint top to bottom covering the area with the two square-outs. ? For a surface that has not been painted a City primary color, square-out the graffiti twice, on the third abatement coat, paint top to bottom covering the entire side of the fence or wall with the City's primary color. ? For a block wall with columns, graffiti may be squared out once, for a small tag. If the wall with columns has a large tag or already has one square out, the graffiti must be abated from column to column, top to bottom.. 2. Spray Painting ? Except for traffic signal poles that are to be painted beginning at 6 ft in height and down and all the way around the pole, all spray painting should be the square out method. 4 25C-21 3. Water Blasting ? For unpainted concrete walls, try to obtain the owner's permission before painting. If the graffiti must be abated by water blasting, be sure to use the absorbent sock to meet NPDES requirements. Spray the graffiti with the Cornerstone chemical, stroke with the stiff bristle brush, then water blast. Be sure that the water recovery system is followed and in place. ? For sidewalks follow the procedures for sidewalk graffiti abatement. 3. Satellite Cameras ? The satellite cameras are to be used to take pictures of each removal done while in the field. Take the picture prior to the actual removal. Only the , yellow take picture button and the adj/memo button are to be used by the PWA Abatement Team personnel. ? If a feature of the camera requires a change on anything other than the three buttons above, turn a request into the Crew Leader or Supervisor to handle. Abatement team staff is not authorized to change any settings on the camera. 4. Safety ? Each team member is responsible for all aspects of safety. ? Personal safety gear must be worn while abating graffiti. ? Use safety precautions while working around pedestrians. ? Safety procedures must be followed for all street traffic. s 25C-22 Graffiti Abatement Standards Poles 1. Concrete Poles -: Concrete Pole City Concrete Ribbed Pole 2. Metal Poles Water blasting should be the first choice to abate graffiti from concrete poles. If the pole is deteriorated or shadowing occurs, paint concrete poles with Concrete paint beginning from 6 ft in height and down. The pole is to be painted all the way around. After the pole has been painted spot treatment is acceptable to abate graffiti. Street Light Concrete Pole Round Concrete Pole Metal poles must be painted beginning from 6 ft in height and down and all around. After the pole has been painted spot treatment is okay to abate graffiti. The colors to be used on metal poles are as follows: Brown Poles- O'Brian Brown White Poles- Cape Cod Gray Green Poles- RUST-OLEUM HUNTER GREEN Black Poles - RUST-OLEUM HIGH GLOSS BLACK Steel Poles - HARD HAT GRAY or CONCRETE PAINT 6 25C-23 White City Light Pole City Concrete Ribbed Pole - Up Close 3. Signal Light Poles Street Light Pole Brown Metal Pole Round Metal Pole Signal light poles are to be painted with Hard Hat Gray beginning from 6 ft in height and down and all around. After the pole has been painted spot treatment is okay to abate graffiti. For graffiti that is above 6 ft, report the location of the pole as upper level to the Crew Leader. For new unpainted signal light poles, use a chemical first to abate. If unsuccessful use the paint procedure above. To abate graffiti on traffic signal heads, use black with roller on with an extension pole. Second level traffic signal poles may be abated using Concrete Gray paint with an extension pole if safe. Pedestrian Head with Slap Tags 4. Wood Poles For pedestrian heads on signal light poles, remove stickers if possible. If stickers cannot be removed, use spray paint RUST-OLEUM METALLIC FINISH color to paint over the sticker and graffiti. Black Street Light Pole Green Metal Pole Wood Pole with Metal Shield Wood Utility Pole with Reflectors Wood Utility Pole with Conduit Wood Utility Pole with Reinforcement Shield 5. Private Poles Private Pole For wood poles with a metal sleeve barrier around the base, use Concrete paint. The entire sleeve pole must be completely painted. Exception if pole is located near a fence painted one of City's primary colors. Caution should be used when painting wood poles with reflectors. A chemical should be used to abate graffiti on reflectors. Wood poles with conduit, paint conduit with Hard Hat Gray or Cape Cod Gray. Wood poles with a metal shield should be painted with Hard Hat Gray or Cape Cod Gray. Paint poles the color that closely matches from the City's 5 color selections or choose a spray paint color that closely matches. 8 25C-25 Walls 1. Block wall Block Wall with Columns Block Wall with no Columns If the block wall has columns, paint out the graffiti from column to column. Two square outs for small tags are acceptable. The graffiti can be painted out with the best and most efficient method matching the color of the wall. For example, if the wall is white, and you have rustic paint in your line, roll the wall with the color that closely matches the color of the wall. If the block wall does not have columns use the square out x2 method. Then paint from top to bottom by using the best and most efficient method. Example of Bad Square Out Example of Bad Square Out 2. Wood Fence Wood Fence On a painted wood fence, use the spray gun if possible. Use the square out x2 method. Then paint from top to bottom by using the best and most efficient method. 9 25C-26 3. Natural Walls Natural Block Wall Utility Boxes For natural wood or block fences, confirm that the property owners have signed a consent release form to paint. If not, get the address and turn it into the Crew Leader to get consent. Once permission has been granted, paint the entire wall. If the property owner does not want his block wall painted, use the high pressure washer. 1. Traffic Control Boxes Older Traffic Control Boxes Traffic Control Box Anodized New Traffic Control Box Green Edison Box Painted traffic control boxes will all be painted Navajo White unless they are located in front of a wall that is a different City color. In that case, the control boxes will be painted the same color as the wall. Paint the entire cabinet from top to bottom. The cabinet must be painted using a roller and brush. Be careful not to cover the key holes, louvered vents or Plexiglas photo cells. Future graffiti abatement may be done by painting the entire side of the cabinet where there is graffiti. For new anodized metal traffic control boxes that have not been painted use a chemical to abate graffiti. For green Edison boxes, cover with Swamp Green paint. 10 25C-27 2. Utility Boxes Utility Box - AT &T City Street Light Box Cable Box Utility boxes will all be painted Cape Cod Gray, Navajo White, or Santa Ana Rustic, depending on the color of the wall behind the utility box, or a color that matches the characteristics of the surrounding area. Paint the entire cabinet from top to bottom. The cabinet must be painted using a roller and brush. Be careful not to cover the key holes, louvered vents or Plexiglas photo cells. Future graffiti abatement may be done by painting the entire side of the cabinet where there is graffiti. 3. City Traffic Signs City Sign All City traffic signs shall have graffiti abated by using chemicals. If it is necessary to replace the sign, the type of sign and location should be forwarded to the sign shop. The back side of the sign may be painted with Hard Hat Gray primer, Silver Spray Paint or Cape Cod Gray. Paint entire back side of sign, don't spot treat it. 11 25C-28 Treec All trees will be painted from the height of the graffiti to the ground all the way around. The color is to be determined by the species of the tree and the closest matching City color. All Palm Trees that are to be painted must be painted from the height of the graffiti to the ground. All other trees that must be painted, choose the color that best matches the tree color. Paint only the area affected by the graffiti. Try to abate the graffiti, leaving the appearance of the tree as natural as possible. The only trees that cannot be painted and need water blasting are as follows: Windmill Palm Jacafilia Date Palm Date Palm Mexican Fan Ideal Queen Palm I Date Palm Mexican Fan Palm Ideal Queen Palm 12 25C-29 Windmill Palm Jacafilia Date Palm MISCELLANEOUS ABATEMENTS 1. Air Vents If air vents have never been painted, remove graffiti with chemicals. If previously painted, cover the graffiti with Cape Cod Gray. Paint from top to bottom by using the best and most efficient method. Air Vents 2. Alleys Public Works staff removes graffiti up to 25' from the entrance to alleys. Use the same method of removal for the particular type of surface: for example, block wall, wood fence, etc. 3. Apartments/Houses and Mobile Homes Prior to painting get the property owner's consent. If vacant, refer to Crew Leader to get consent. Use the same method of removal for the particular type of surface: for example, block wall, wood fence, etc. Mobile Home 4. Awnings Refer awnings to Crew Leader for referral to Code Enforcement. Awming 13 25C-30 5. Profanity Cover profanity immediately with the closest matching color. Use the method of removal for the particular type of surface. For example; block wall, wood fence, etc. Profanity 6. Channels Paint channels Concrete Gray using the square out method. County Flood Channel 7. City Monument Use chemicals first and then water blast to remove graffiti. City Monument Sign 8. Curbs Use Concrete Gray paint to cover the graffiti using the square out method. Curb 9. Fire Hydrants Paint hydrants with Kills. Fire Hydrant 14 25C-31 10. Garage Door Garage Door 11. Gate Keypads Gate Keypad 12. Gutters ,. Gutter 13. Mail Boxes Mail boxes 14. Mail Stations Mail Station Prior to painting get the property owner's consent. Paint the garage with the closest matching color. Use the square out x2 method if the color matches, if the color does not match paint from top to bottom using the best and most efficient method. Spray paint the color that is closest to the color to cover the graffiti. Water blast or paint with Concrete Gray paint. Paint the entire box the color that matches best. Paint with the color that matches best using the square out x2 method. Then paint from top to bottom by using the best and most efficient method. 15 25C-32 15. Newspaper Racks Paint the newspaper rack with the appropriate color. If team member feels the graffiti cannot be abated without damaging the Plexiglas window, refer to Crew Leader. Newspaper racks 16. Overpass Bridge Water blast or paint with Concrete Gray. Overpass Bridge 17. Painted Curb Face Paint the same color if you have the color on your truck. If not, give to the Crew Leader to refer to the sign crew. 18. Phone Booth Paint the phone booth with the appropriate color. If team member feels the graffiti cannot be abated without damaging the phone, refer to Crew Leader. Phone Booth 16 25C-33 19. Sidewalks The graffiti abatement team member should use good judgment if he believes the graffiti will leave a shadow or that the graffiti may not be completely removed. In that case, paint the sidewalk with concrete paint. Don't leave the area until the paint is dry. The graffiti abatement team member should use the chemical Cornerstone, spray it on and brush it over the graffiti before water blasting. Use water recovery method. Sidewalk 20. Storage Container/Dumpster - Non Waste Management Graffiti should be abated using the square out x2 method with the paint that matches the dumpster best. Get the number on the container/dumpster and call in the information to the Crew Leader. Roll Off Dumpster 21. Streets Asphalt: Paint with black paint. Concrete: Water blast or use Concrete Gray paint. 22. Vacant Lots Gain access to lot and use best method for abatement using the square out x2 method. Then paint from top to bottom by using the best and most efficient method. If you cannot gain access report it to the Crew Leader. Vacant Lot 23. Water Sample Box Spray paint the same color as the box or try using chemicals. Water Sample Box 17 25C-34 24. Bus Shelters/Bus Stops If graffiti is on a painted surface cover graffiti with Hunter Green paint. If graffiti is on Plexiglas, refer to Crew Leader. Bus Shelter Bus Stop 18 25C-35 Appendix A Graffiti Referral Sheet The Graffiti Abatement Crew will be responsible for reporting to their Crew Leader any graffiti in their area that they were unable to abate. If the Crew Leader is unavailable, then it should be reported to the Supervisor. The Crew Leader will be responsible for logging the referrals made into the Referral Log Sheet after the referral has been completed. Phone Number / Description Refer To E-Mail Address Graffiti on windows Exact address required Code Enforcement (714) 647-2780 Graffiti - upper level - Access modifications needed Exact address required Code Enforcement (714) 647-2780 Graffiti on Commercial Sign Exact address required Code Enforcement (714) 647-2780 Graffiti on vehicles License plate number, Make Model of vehicle required Exact address required Code Enforcement (714) 647-2780 Graffiti not accessible by PWA Exact address required Code Enforcement (714) 647-2780 Owner not allowing PWA on Property to paint Exact address required Code Enforcement (714) 647-2780 19 25C-36 Description Graffiti on Billboard Billboard location & Billboard number required Graffiti on Waste Management Containers Graffiti on Bus Stop Shelters Graffiti on S.C. Edison Light Poles Graffiti on Freeways Structures Signs Refer To Eller and Clear Channel Larry Infinity / Viacom Tonie CBS - Ed Bob Gabor Bob Gabor S.C. Edison Cal-Trans Rex McConnel Heath Palczewski Graffiti on Metrolink/Amtrak OCTA Rail Road's only Deanna L. Austin Graffiti on Storm Drains County of Orange Graffiti on unincorporated County property in Santa Ana Graffiti in Santa Ana Parks Graffiti on upper level of signal light poles AT@T Boxes County of Orange Parks and Recreation Traffic Engineering Vinh Nguyen See attached (Appendix B) Phone Number / E-Mail Address (310)755-7232 (323) 276-7256 (323) 276-7313 b abornsanta-ana.org b ag bor2santa-ana.org (866)-421-4688 (949) 724-2500 (714) 279-9691 (714) 560-9578 (714) 567-6208 Or (714) 567-6221 (714) 834-3400 (714) 647-3323 (714) 647-5612 20 25C-37 Disclaimer: If a graffiti referral is done and a call comes through on the hotline for the graffiti referred, you may be asked to go ahead and remove. Example Referral Pictures ?0 4 'E :1 3 Private Sign Vehicle Upper Level Window zld? Inaccessible - No gate 21 25C-38 Method of Approach Overview The keys to a successful graffiti removal program are fast response, removal of all graffid, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Santa Ana to control this problem. Graffiti Protective Coatings, Inc. specializes in these services with its "ZAro-Tolerance Program". Under GPC's proven program each technician is fully equipped and trained to remove all graffiti. GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: all streets, sidewalks, private and public property, parks, bike trails, flood channels, civic center, upper level locations, and all objects in the City Right of Way.. GPC prefers to put techs in specific zones. By dividing the City into zones, GPC gains efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, "hot spots", and color matches creating better consistency; and the technicians are more accountable for the appearance of their zone creating higher quality. For Santa Ana, GPC will be responding to City staff requests, hotline calls, and proactive patrols of areas assigned by City staff GPC will be with City staff daily to discuss work orders, schedules, and areas to be maintained. Each GPC truck will provide a minimum of eight working hours in Santa Ana daily. GPC does not include its commute time in the eight working hours. All work completed will be documented to City standards. Equipment GPC trucks will be a mix of new or late model long bed 3/4-ton pick-ups. All tracks are fully equipped and self contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi 5gpm hot water pressure washers, water tanks, .75-gpm gas powered airless paint sprayers, ladder, baking soda blaster its, pressure washer hose reels, and water recovery units. GPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract. Trucks possess drop cloths, plastic sheeting, spray guards, spray socks, brushes, bucket screens, rags, regular and mini rollers, regular and mini frames, scrapers, sanding tools, blue painter's tape, spray buckets for color matching and spraying, bilingual wet paint signs, razor blades, spray ,guns, extension spray hose, paint filters, mixing sticks, and pole extensions. Each truck also carries primer, 6 colors of spray paint, 32 water based stock colors, and colorants for on site matching. Exhibit A-2 25C-39 Trucks also possess spray bottles, abrasive and non-abrasive sponges, towels, bags of baking soda, baking soda blasting attachment for wet blasting, plastic sheeting, 4 sizes of pressure washer tips, 100 extra feet of pressure washer hose, 3 different graffiti removers, blue painter's tape, razor blades, spray gun and wand, and quick connectors. Each truck is equipped with water recovery and recycling equipment. The unit is a fully automatic zero discharge-closed loop wash water recovery system. This unit removes all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water as the technician is working, filters the water, and returns the clean water to the main water tank. Recovery machines are in compliance with current wastewater regulations and requirements. Mounted on the trucks are dual strobe lights. The trucks possess a "Men Working" flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety oquipment, and tools for repairs. Truck Identification All GPC trucks will have the permanent vinyl GPC logos on the doors. Backs of the trucks will have permanent reflective decals stating "MANY STOPS DO NOT FOLLOW". Since the trucks will be exclusively used for the City, GPC will place permanent 8-inch vinyl logos "Under Contract with the City of Santa Ana" on driver and passenger doors under the GPC logo (Magnus will not last). If the vehicles are ever temporarily used for purposes other than for the City, "City of Santa Ana" will be covered with blue painter's tape. Method Determination- Painted Surfaces On most all previously painted surfaces (with the exception of some semi-gloss, gloss, oil based, powder coated, and anti-graffiti coated sm&ces) the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in pales above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces. The choices for applying the graffiti removal toudch-up paint are brush, V mini roller, 9" standard roller, or airless sprayer. If the area to be painted is less than 1 square foot, most likely a brush will be used. If the area to be painted is more than 1 square foot and less than 25 square feet a mini roller will be used. If the area to be painted is over 25 square feet or is extremely porous such as certain stucco finishes or painted block walls where the roller does not easily fill the grout areas, then GPC will use an airless sprayer. If wind conditions or surroundings dictate a sprayer cannot be used., then a standard 9"roller will be used. Methods- Painted Surfaces Preparation (prep), which includes adjacent surface protection, is vital in professional removal and will be discussed in the subsequent headings. 25C-40 Once the prep is complete, GPC is ready to complete the job. GPC carves 32 stock colors on each truck. Included will be Santa Ana's stock colors. GPC's stock colors are a compilation of the most heavily used colors over the years. The field tech is trained to immediately spot the best color match. By applying a small sample of the color on the wall, the tech will determine the quality of the match. If the match is at least 980/9 accurate (discoloration on the wall is not visible at 20 feet) the tech will blend in the paint using GPO's feathering technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch-up will not be recognizable and no one will have known that site had been vandalized. It is important to note that GPC uses only quality name brand paint to prevent color fading, obtain better coverage, and prevent adhesion problems. All 32 colors in every truck are the same and do not change. Therefore future touch-ups are always perfect and trucks can be interchangeable. If the color does not match but is very close to one of the stock colors, the tech will either spray or roll the entire surface if feasible or will custom mix the color on spot using colorants in a color match bucket. Once the tech has achieved a 989/9 or better match, the tech will apply the paint. The tech will blend in the paint using GPO's feathering technique with the applicators listed above in Method Determination. The tech will also fill out a 3'WS" index card with the property address, a paint sample of the color on the side of the card, and the formula used to create the color. If the color cannot be matched in the field to 98% or better accuracy, the tech will temporarily cover with the graffiti with the closest color and bring a small sample to the warehouse. The GPC Project Manager will then have the color custom made and within 24 hours the field tech will have applied the custom color using the processes already discussed. GPC inventories all custom color matches. Each color is stored on racks by zone and then by street. GPC will maintain all color formulas as well as this tremendous inventory at a centralized warehouse. Therefore, GPC touch-ups will always be 100% accurate. Custom matches will include specific coatings and bases as needed for unique finishes. GPC currently has hundreds of custom colors already made and in inventory for many major thoroughfares in Santa Ana. Preparation- Painted Surfaces Before the touch-up paint can be applied, the surface must be clean (GPC has pressure washers on each truck). A scraper will be used to remove loose or flaking paint. Finally if the graffiti is from a marker or dark spray paint on a light color, the graffiti will be "killed" with a primer. It is required to use a pruner in these instances, otherwise many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface Adjacent Surfaces Protection- Painted Surfaces GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC techs will try to locate the vehicle owner(s) so that it will be moved, come back later in the day, reschedule with permission from City staff, or cover the vehicle(s) with plastic sheeting. Techs are well trained and highly skilled which greatly limits 25C-41 the possibilities of adjacent surface damage. Plastic sheeting and tape are in every truck and will be used when necessary. Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. During the past 18 years GPC personnel have removed millions of tags with not one claim of overspray, injury, or any other complication for any of our clients. Method Determination- Unpainted Surfaces Professional graffiti removal on unpainted surfaces calls for complete graffiti removal with minimal or no damage to the underlying surface. Since surfaces and types of "tags" vary, it is vital for the graffiti removal professional to have an array of products and equipment to best eradicate the graffiti. GPC techs follow a process utilizing various methods and products. First, the tech will attempt to remove the graffiti with simply hot water (184 degrees). This straightforward "steam cleaning" method removes many types of graffiti from various surfaces with absolutely no damage to the underlying surface. This method also preps the surface for GPC's variety of environmentally friendly biodegradable removal products. Graffiti removers are designed for different surfaces (porous, non-porous, and delicate). Upon completion of the graffiti remover treatment, 95% of all tags will have been removed. Once again no damage will have been caused to the underlying surface. For the remaining 5% of tags that do not completely respond to this process, baking soda blasting is used. Baking soda is the most abrasive method besides silica sand, however our techs will utilize their skills to limit surface damage. Specific Methods -Unpainted Slump Stone Slump stone is one of the softest stones. Tech will obtain permission from property owner to complete the work. First, washing the graffiti with hot water starts the graffiti removal process. Next, any remming graffiti gets a thin coat of graffiti remover designed for non-porous stone. The graffiti is rinsed again with hot water. If any graffiti remains, a second application of graffiti remover will be applied. These processes will not cause any damage to the slump stone. If any graffiti or shadows still remain, then GPC will use baking soda wet blasting. All water used will be recovered using GPC's water recovery equipment. GPC always cleans the entire slump stone block, not just the area affected by graffiti. Cleaned areas are "blended" in a manner similar to "feathering" in painting. The Graffld Wash process discussed in the following "Concrete/Sidewalk" section can also be used once the cleaning is complete. -Steel Light Pole Metal poles will be painted from 6 ft in height and down and all around. After the pole has been painted, spot treatment can be used to abate graffiti. GPC will use City approved colors. 25C-42 For new unpainted signal light poles, GPC will use one of its Teti removers to wipe away the graffiti. If applicable, GPC will clean cross boxes, traffic signal heads, and remove stickers. -Unpainted Wood Unpainted wood is one of the easier surfaces to clean. Tech will obtain permission from property owner to complete the work. Most wood comes clean with hot water and a wide-angle spray tip in the wand. If required simply applying a little bit of graffiti remover will always be enough to complete the removal. GPC cleans the entire wood panel, not just the graft area. Any water will be recovered. GPC's goal is to make it look like the graffiti never existed. Any disoolorations that might occur in the wood disappear over time. -Previously Painted Surfaces Most all previously painted surfaces will be cleaned as discussed in "Methods- Painted Surfaces" portion of this proposal. For painted surfaces that are semigloss, gloss, oil based, powder coated, or anti-graffiti coated, they can often be cleaned with our delicate surface graffiti remover. Spraying the remover onto the surface followed by light scrub will remove the graffiti usually without damaging the paint. Since all GPC removers are water soluble, a wipe with a wet rag removes the entire residue and restores the surface to new. -Plnsdc/metsi sign All graffiti on signs will have graffiti removed using graffiti removers. ff it is necessary to replace the sign, the type of sign and location will be forwarded to the sign shop. The back side of metal signs may be painted with Hard Hat Grey Primer, Silver Spray Paint, or Cape Cod Grey. The entire back side of the sign will be painted. GPC also possesses special graffiti movers designed exclusively for plastic and polycarbonates -ConcreteNidewalk Unpainted concrete and sidewalks have smooth finishes compared to split face block. Tech will obtain permission from property owner to complete the work. If the tech is too aggressive with the removal on this surface, the surface will start to look like split face stone block and subsequent removals will become more and more difficult. GPC noticed many walls in this condition in the City where not only was the block wall finish damaged, but subsequent removals were becoming less and less effective as the block became too porous after all the water blasting. GPC has the solution to this problem. GPC standard process is started. First, washing the graffiti with hot water starts the graffiti removal process. Next, any remaining graffiti gets a thin coat of graffiti remover designed for non-porous stone. The graffiti is rinsed again with hot water. If any graffiti remains, a second application of graffiti remover will be applied. These processes will not cause any damage to the surface . If any graffiti or shadows still remain, then GPC will use baking soda wet blasting. GPC always cleans the entire concrete block, not just the area affected by graffiti. Cleaned areas are "blended" in a manner similar to "feathering" in painting. All water used will be recovered. 25C-43 If the GPC tech determines that the wall is a "hot spot" (likely to get frequent graffiti), GPC upon approval of the City will use its Gred Wash process. The Ghg#W Wash process employs a coating consisting of paraffin wax, water, and an emulsifier. The coating is completely non-toxic and biodegradable, and in fact is safe enough to drink. The coating is sprayed on to the surface to a height of about nine feet. Once the coding has dried, roughly 10 minutes, it becomes virtually invisible and forms a durable barrier on top of the surface of the structure. Although the coating is only one quarter of a millimeter thick, it prevents paint, ink, marker, and crayon from reaching the building surface. Instead, the graffiti settles on top of the wax where it is washed away using GPC specialized equipment. Neither rain nor summer weather will affect the coating. Since the Graffiti Wash process makers future removals easier for GPC, theme will be no charge for the coating application. Also the City will have five access to CPC's 250-c soda blaster tracks. These trucks will be brought in at no charge when the City has a specific project that requires high-powered equipment. -Trees Windmill Palm, Jacafilia Date Palm, Date palm, Mexican Fan, Ideal Queen Palm, and unpainted trees will be water blasted using a wide angle tip. For other trees that are already painted, GPC will match the existing color or a color that best matched the color of the tree. -Windows GPC will refer window graffiti to Code Enfinement. If the City were to change its policy regarding window graffiti removal, GPC would clean with a chemical remover and then squeegee off any residue. -Upper Level Tech will obtain permission from property owner to complete the work. When possible, GPC will obtain access either by ladder or roof dom/hatch. GPC has 24/7 access to a boom truck and scissor lift when required. GPC will remove the graffiti by methods discussed above. 25C-44 References See Exhibit D in appendix Emergency Responses GPC has a proven 18 year history of providing 24 hour 7 day a week service. GPC understands priorities and meeting all the requests of its customers no matter what the day or hour. The City will have direct cell phone lines to the project manager, the assistant project manager, the President of GPC, as well as the 24-hour answering service that will be linked to the local office. GPC guarantees a 1-hour or less response to all emergency requests. Ability to Meet Workload Estimates GPC's historical average rate of workload in Santa Ann per truck in terms of square footage and locations serviced meets and exceeds the estimates requested in the RFP. GPC has thoroughly reviewed the RFP and will comply with all provisions as called for in the "Scope of Services" section. Target Graffiti GPC and its related companies currently process over 2,500 work orders daily. Many customers require GPC to provide data such as date, address, square footage of removal, surface, method, public or private, moniker, and photograph. The time involved in data entry is very substantial, -not to mention the paper and ink cost, as well as the time transmitting and managing the photo disks and worksheets. GPC needed a solution, and searched the marketplace for software that would fulfill current needs. Months of searching provided no acceptable solutions, so GPC contracted to create its own software designed specifically for its needs. After more than eight months and a significant investment GPC created Target Graffiti. It is a real-time web based software system designed by the industry for the industry. The system utilizes an iPhone that has its own application on the screen. Technicians can quickly and simply tap the fields and the preloaded options at work sites. GPS provides dates and addresses, and all data including photos and monikers are transmitted real time. Work orders are dispatched real- time to techs with Google mapping showing locations of requested sites to be cleaned. Open and closed works are simply managed and monitored. City staff can print current and real-time reports and graphs within seconds on-line. Technician completed workloads can be monitored and graphed with the customer choosing the timelines. Billing and reports can also be exported to excel spreadsheets in mere minutes. Law enforcement can map and track vandal activity as well as get instant and real time billing reports and photos for apprehended tuggers. Since GPC owns the software and developed it as efficiency and cost cutting tool within the company, GPC's current customers are able to have GPC techs utilize the Target Graffiti system at no charge. If the city of Santa Ana expanded services with GPC, each new tech would also be added to the Target Graffiti system at no charge to the City. 25C-45 Conclusion With GPC, the City benefits fi-om its ability to do business with one of the finest and largest professional graffiti removal companies in the country. GPC's proven graffiti removal history will provide the City the knowledge and comfort that the resources of fully equipped trucks and corresponding highly trained and expmienced staff are in place and ready for immediate service. There is no better indicator of future success that past performance. 25C-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE AGREEMENT FOR REHABILITATION OF WATER WELLS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manger and Clerk of the Council to execute the attached agreement with Orange County Pump Company and Bakersfield Well and Pump Company, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide water well rehabilitation services, in an annual aggregate amount not to exceed $300,000. DISCUSSION In fiscal year 09/10, the Public Works Agency delivered approximately 40,000 acre-feet of water to businesses and residents in Santa Ana. The Agency operates 20 active water wells and seven water pumping stations to supply the City's drinking water. Staff determined that through rehabilitation, the efficiency of a majority of the water wells can be increased to maximum water production capacity. Completion of the work will result in greater production of water and a reduction in the use of electricity. To avoid scheduling conflicts and to ensure rapid response, the option of two vendors is recommended. Bids were solicited from three qualified vendors. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 1 Invitation For Bid mailed to Santa Ana vendor 3 Bids Received 1 Bid Received from Santa Ana vendor Bids were received on November 15, 2010 and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. 25D-1 Agreement For Rehabilitation of Water Wells February 7, 2011 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply account (accounting unit 06017640-62300). APPROVED AS TO FUNDS AND ACCOUNTS: f( - I -- Raul Godinez II Executive Directo Public Works Agency RG/NS Exhibit: 1. Abstract of Bids Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 2. Agreement with Orange County Pump Company 3. Agreement with Bakersfield Well and Pump Company 25D-2 Abstract of Bids Agreement For Rehabilitation of Water Wells Vendor Location Price Comparison/ Evaluation Costs* Orange County Pump Company Santa Ana, CA $122,033.50 Bakersfield Well and Pump Company Bakersfield, CA $123,783.00 Layne Christensen Company Fontana, CA $147,341.00 * Vendors were asked to bid on an anticipated task that included pump repairs and motor repairs. The prices listed are for evaluation only. The award total is based upon staff estimates of its annual requirements. EXHIBIT 1 2501-3 25D-4 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of February, 2011 by and between Orange County Pump Corporation, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in providing water well and booster pump maintenance and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform water well and booster pump maintenance and repair services required to rehabilitate and maintain the efficiency of the wells, as set forth in Contractor's Proposal, attached hereto as Exhibit A. Said services shall be provided on an as-needed basis, at the written request of the Executive Director of Public Works, or his designee. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended among all contractors providing these services shall not exceed $300,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The City shall have the option to renew this Agreement, on the terms and conditions set forth herein, for up to three additional one-year periods. 1 25D-5 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2 25D-6 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 3 25D-7 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: and Public Works Agency - Water Division City of Santa Ana 220 S. Daisy Ave. (M-85) Santa Ana, California 92703 Fax 714- 647-3345 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Orange County Pump Corporation 1627 Boyd Street Santa Ana, California 92705 Fax 714-554-8432 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and 4 25D-8 conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to 5 25D-9 obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR ORANGE COUNTY PUMP CORPORATION CHRIS BROWN President Tax ID# 6 25D-10 EXHIBIT A SCOPE OF SERVICES 25D-11 ORANGE COUNTY PUMP CC):t?ORATI ON FACSIMILE TRANSMITTAL SHEET 'rcr rn?1!.,, ? 'per t S ! N?' ? lO?+?I rlj -. ()QAIIANY: Jn'I'li: l'OTAL NO OF PAQf.'.S INCLUDING COVN..R: PAX NnAfnk;n; -!y ?-Y7-33 Y2 i'I KVNl: N SRND+'Jl'ti i?1:I+ySNI::Vt;F. Nl!M11r,R: Yo vlk Rl'•!'IIRIS,Yo" NuMorl.lt UA(iI':d'C ? Olt R1(1R!.'IV i P1.!<-1;414l;Uh1Mt,V'1' ? ^l,l(;1?T.: I(!iP!.Y ? k'1.h:ASP. yIi Y( ?•I'. Exhibit A 10 N i.IA R:1U 11 111.v ?!10N1; '14...171: 5 5 4 14 41 XdA 13ia3Sd1; dH -db0 'S 0102 91 noN t I ' d 25D-12 ORANGE COUNTY PUMP C O R P O R AT I O N FACSIMILB TRANSMITTAL SHRST TO: rrtaM: COMPANY, DATE PAX NUMBER: - - TOTAL NO. OF PAGE3 iNCLUDfT10 COVER: `l k III -C Y - PFIONS NU}g6C SHNDUR'4 REFSRSNCS NUMB9% a; YOVIR KaFLR&NCP NUMUMA CiF,NT ? FOR REVIEW X PLEASE COM-MEN i PLY.ASE .REFLY ? PLEASE ZECYCLF. ?'UT85; CO:?A4P.NT5 711.0 N HARBOR BLVD anh:TA ANA, CA 921: PHONE '!4-554-11;2 i 25D-13...... Z•4d 0 Aq ? r? ?o Q ±/t N C x ?A N ? F-I V; 2 zi 0 1, ? >z StiSEG1?9?IL WWJOM ozton?j 25D-14 dolIIn ni rn -I 7 u .a n t ? g w N Y yo ? 5 u o, ? y 7 ? e7 ? n'3 A 1 -.5 S .4 ?,i S , d O"C' C i ti."- • , 25D-15 PUMP DATA SHEET Turbine 60 Hz Company; Gdulat Pumvs Customer Chris Q; OC Purno Name- ion olives Data: 11;18!10 Pump; Site 14RHMC (4 stages) Type: Lineshati Speed: 1770 rpm Synch speed: 1600 rpm Dta: 6.25 in Curve: E6414RMPC1 Specific Speeds: Na: 3100 Pump Notes for Standard Styes: Suction Size. 10"Oischsrgs 9i2ss-10".12'. Curves are cart ified for water at 80'f only. Consult factory for performance with any other fluid Vertical Turbine Bowl sits: 14 in Max lateral: 0,75 in Thrust K factot 1e ibm Pump Limits for Standard Construction. Temperature; --'f Pressure; 3^47 psi g Sphere size, •-• In -Date Paint - -- ± 500 0.46 ; ; I Flow, 2500 US gpm. _._,......?.... Head: 249 d , ._ Er. 841% l Power 1 S8 rip ; ?+x NPSHr 24 1 ft Search Criteria: Fiow: 2500 US gpm goad 246 h OR5 Fluid, Water Temperature: 60 'F Density 8226 Ibl?f' Vapor Pressure 0.2685 psi a Viscosity 1.105 CP Alm pressure 14.7 psi a NPSHa: --- fl Motor: Standard- NEM,A Size: 200 rip Speed: 1800 S12Ing criteria' Max Power on Design Curve i -- Design Curve .. 81b; Shutoff Head: 42g h ShutottdP 165 psi Mtn Flow: --- US gp^s i 300 i .) t i i . SEP, 85% off 2297 US pom ,.. L II ., 70 _ _. 5 . k to, 2 a np' _ NOL Pwt: 168 hp 7 rs . 22$7 US gpm - _f t i ..__j . . i....•... L.__.. 8? 0 . i - Max Curve - f 200 i i I 84 too n Max Pwr. 240 hp ' _. ? ' f a 2650 US gpm t .-?._ Y-. _i _ ?.._ ; ._ t .. _ s __ ?. X 12. •h.rs??o; 100 bDD 1000 1800 2000 2500 3D00 ? •7 I .I i _ I I.f i - ' J ? _i 1 { _ -4- j _. 26 . I . L ? , ... 4 . _ . l i.. j t . .,. ._ ?. T. i.' . _. . W _ _... I _..._ a. 0 $00 1DG0 1500 2000 2500 30 0 0 U6 gpm ?nf'6niiidkt?+??V!rtlY•tCdil?" -'.. ..:-a,t .... - . .:?: ,-+?:... :?,`. _ _?•: .. _?. ? :..: .., .r:, .. ? .,.'L..... ;; a . . Flow Speed Hand Efficiency Povve? fPBH? U5 gpm rpm h % hp h 3000 1770 -- --- - 2500 1770 249 84.2 188 24.1 2000 1770 305 83.9 186 18.2 1500 1770 338 75.4 170 16 1000 1770 385 60.3 153 1d TurSine V9 Selected from catalog: Goulds LineshaR 80-!2 Vera: 3.34 25D-116_. B x 3 a •? F ?o d o 67 ` u C ti c ? s 4. M V ? ? C ? Cr ?z ?a C E z . #I !4 1 f t 1 9i6B4i9VT& tmiom ofi4nd WL9101 8t 9a AOM 25D-17 I ?!!'jj' o °q?:ai gi :IM i s 1 I ? r r f ? q?jQJ1 , 1,01 i? ny o oil a I $ I 9 ? £'d I ? 0 ? C F o o to ?j C ~ L1 ? . ^ tV ?r 9*ccL*SfT4 smiom OTIgnd MOSIOT OT SD ACM 25D-18 r GOULDS PUMPS ESP Turbine Quotation System 8.0.1.44 CueEomvr OPANrA COUNTY PUMP CO Stcea ! Slog" 16DMC Bowl ewsmbty 3 t<Lps / 9 Item number 001 N" 110444 1.770 rpm CllSWM41 reference i Quota number 143200 I 7 MAX Bowl assembly 3 stage ; d 7,687 j S 7, esf Bowl Assembly Bowl Assembly Conflyuratlon Shen t ubricatiop: Open Uneeht}n • Product Lubricated t.Ineehaft Diemelee 1• Bowl Mode); 10DMC Bowl Material: Coat Iron (lined) tfmaclerMeleael; Bronze I Page 3 -M G ¦ GOULDS PUMPS up 8.0.1.44 iG:Veiomer ; URANIWF- QOtJNTY PUMP CO - Motto number : 143258 1Customerrobrertes Hemdesenpllon :16DMC I1»m number ; 001 Sla266 3 Service 6aaad on curve nvrtbar I50MG1770 Quanli : S pate lost saved ; 05 Nov 2010 1:07 PM Flow, rated tt Cpm' liquid type afar Cllfemntial heed / prsseure, rated (requeslad) :305.0 A Addaiwal iquid dasoription Ii Dinerential head / pmeeurs, rated (adual) :308.5 h Solids diameter, mss : 0.00 in Suction pressure, rated 1 max :0.0010.00 paLg Temperature, max : 68.00 doe F III. NP6H evadable. raleQ : Ample Fuld dsnally, rated 1 max :0.90810-998 SC !Rrequenc 11 Oil 1111 60 Hit Vlscoahy, rated A 00 cP 1 fill rated EENME 1,770 rpm NE L- impeller diameter. rated 10.50 '1 Material requested to Impeller d1arnater. maximum 11 62 In I Material selected CI MW (Lined) I Std. 8a Impeller diameter, minimum 9.75 In IM per Erilclency (bowl r pvmp) 64.1 111 • y, r NOSH required I margin requlretl : 28.8110 00 h Maximirr workng prraeura :184.2 pill rq (Imp. eye flow) / 3 (imp, eye flow) : 58 1 168 Metric un" Msltirllptr allowable working pressure : 370.0 ps i.p MCSF 1,750,0 U9opm Maximum allowable suclidn 9mlisure : WA Head, mew mum, rated diamenlr 425.611 HydroItand Iasi prsasura WA Head rive to shutoff : 39.62 Y. Flow, bast off. point (SEP) 3,^,15.0 USppm 1 Driver s,xmg specificatbn aled povar IF+aw ratio (raced) SEP) 9818 % i Margen over eeeclecatidn 000% C $meter faxa ;rated 1 maxi :94.90 % ' Service 4cw 1 15 (Heed ratio (retea diU max die) 78.68 % Power, hydrauile 231 hp Cc}Ch1Ce FANS;,'mr19.87.20041 1.1t011.00! i.00 Powerfbowirpumpi .2741- Selection stslus Aoowsbis Power. 'noxrmunl, retoe dlsmew . 289 hp MInIni r®Cmmended motor ratfnq 300 hp; 224 kW as w eederrnsncs. Aawowd a carrMije.on JAd iliCokty. Z TAO duly ooill rap r is Ulo Mao d Iha bowl. ; 7dC left ad a I ! t ' ( j f i I e i I _.._ ..._..._._ ......_ _ __..._ .._ _._... .. .. __._..4 _ ... .._. _..._._._ ...__ . ____i._...._ ... ..........._.. ( I I k ? ?ape A of 9 25D-20 L Lq GOULDS PUMPS @8P Turbine Quoledon System 8.0.1.14 ORANGE C UhJrti PUMP CO Quote numbs 143236 Item description 16bMC 001 Stapes 3 L Speed. rated 1 770 rom Quanilty 1 intellioode Data last saved ; 05 Nov 2010 1:07 PM i i?0atl, maximum diameter, rated flow 386.2 R sieges, maximum ' : 1D Mead, mirlmum diameter, rated flow :2451 R Stapes, minimum Head, maximum, rated diameter 425.5 ft Pump speed lirmlt, maximum :2.200 rpm Elflclancy adjustment Parlor, total 7 1 .00 Pump speed Relit, minimum : 400 rpm f Power Idivalmsni, total : 0.00 hp Curve spend limit, maximum :2.200 rpm Hero ad)uatrrent factor- fatal . 1.00 Curve speed Iknfl, minimum ' 400 rpm Flow adluttmerit factor, 10111 1,00 Venable speed Ilr+il, minirnum NP$H required adjustment facto!, total 1,00 Solids dismpter Ilrnlt : 1.00 in NPSH margin dktaled t:y pump supplier : 0 00 R x NPSH margin dictated by user . .0,0011; Driver speed. full toad 1,7180 rpm I NP 9H margin used (added to raovired' values) ; 0.00 R Driver speed, rated load 1,782 rpm Driver e16clency, 1"% load N)A II Torque. rated power : 15.49 hp/100 rpm Driver elAcianry, 76% lord NIA Torqva, maximum cower : 18.30 hp/100 rpm Driver efficiency, 50% load :NA Torque, driver power :10.55 hp/ 100 rpm %mu*. pumo ahan limb 126 hpr100 rpm i 1 I Racial ioad, feted Racial icad Imri impeller oerloreral aveeo. relev imGelter penprsrat speed limit $huioff. feted owmetsr 0.00 426.8 lag I i 3hutolf, mexrmum diameter CO 309.6 - ' 272 MCSF 1,750.0 344.6 66.27 22.42 i 224 Rated flow, minimum ctamater 3,000.0 j 246.5 92.01 226 Rated flow, maximum ciemaler 3.000.0 j 380.2 i 33.57 300 "BLIP flow, rated diameter 3.115.8 280.3 64.22 27.29 279 120% rated !law, rated diet*etor 3.600.0 261.4 1 87.26 70.60 ' 2" Maxlrmum'10w, rated dlameNr 3,909.9 717.0 77 67 33.71 282 Maxirtnan 410w. minimum Oiemeier I 3.576.0 I 204.2 76.00 30.35 236 Maxwou m clew, maximum diameter I 4,446.0 253.8 77.58 39.01 367 Maximum value, ratio diameter 426.6 04.22 2Bg Maximum value. maximum diametsr r t 66.54 i n.. 379 uwmrem.ar preaaure, rarea flow, rates alameler "pall 1 7T.0, 149M 01frer9n0al pressure, shu". rated Chair {pal) 164.2 i 194,2 Olfferenlial pteNUre. shutoff. maximum lWrOrw (psi) 2205 220.5 Discharge pressure. reteo l1Qw, rated diameter (psi.y) 1132.0 132.0 152.0 132.0 01scNrgo Gressure, shutoff, rated diamalar (pal.a) 164.2 184.2 164.2 184.2 Ols"arge Graseure. tnuteff, maximum diamete?((pai.q)) 220,6 220.5 220.9 220.5 Maximum flow I ratio now, rated diametw ;133-33% Heaa retso Maametst 1 head mirilmum clarriew, rear now .12415 N. ' 11em descngtion le0MC - i Stages 3 . Based or ourve number I t6DMC•' 770 Impeilard+ametar rated I 10.50 I Pogo 6 of a [(N GOULDS PUMPS 44 E8P Turblta Quotealeiri S stem 9 0 1 y . . . Customer : ORANGE COUNTY PUMP co ; Quele number 14325e Cualomerr4rersnoe item de&Mp(ior: 18DMC ilen, number : OD' !6teQes 1k I Service 5096C. rated 1,770rpni puangty 1 Intenicode ? Dote last saved : 05 Nov 2010 1;07 PM Friction loge role, ooiWnn Mlnknum elearanea below auction bell 7.50 In Friction Iola, CORImn IIDlCabe Frlchon Ion, discharge head Minimum welt dlarnete! IS. OD Fnahon toss, crtnrbsrrel 6uctlpn nor66 oentoriina height FrIVIon Iona, DoWcalumn edapW Howl assembly length, first liege (ooes not XOD in Frl:llon less, ICiol Include motor adapter) J Bowi assembly Iengin, upper alege 15.25 In Power loss. linsshart bearings bowl assembly length, tots" : 58.50 In power lo!!, Shruai bearing 9WCWn bearing hub length :4.$D in Power loss, totes Strainer Ianpth : 0.00 in Heed (bowl / p.rmp) 306.0 It r - Bowl to column Spam, knot n j P (bowl , pump) y 84 11 % 1 • Dleoharge need stick down Power wer ( eowl ?pump) :274 hp / - Subriwallo,s moor adsptor length ; NPSH reauired at 11m ets Impeller sys : 26.61 n Submersibis motor length I n Column length ! WeJgttt, iMefhafl . Total pump length (does not include motor adopter or motor length) Wool, bowl assembly retatblp Oigment 244.0 W Can r barrel length - T""I factor 5.00 Will ' I Heedshaft sieave cis-rater (il uesd) T'+run, hydreuirc {reletl smelt! 64M.1 /7,74t B lb ?Suctonben dlemete: 0.00 in Thr bowl shaft and (toted me : : •L.b0: •O.OO IV IMinimirm submergence to prsvsnt vonaxing ; 37.00, in m op ' Thrwust. . thee sing (raw( 11 maxi {Dlashgrpe MOW heiDht Thrust hesdehctl sleeve helot ; mox) DIsch.rgs nozzle oerlerlme nnpnc I ar Throw. . loial lrated ?max) E,72fi,11?,B".Ele' englh a Bowl shell diameter : 2Be in Ma><tmum Cp+umr preceure 90wl dlamoler. wfloa 1?.Zb IF, Column preylure limit Bowl diameter, exit 7,561n Malllmum discharge head prossure Columr diameter, inside Discharge head pressure Ilrnlt Coiumt, Internal obstruotlon diameter Maximum can l barrepressure CgNberret d19e161er, Ms1da Car 1 barrel pressure limit Torque, lineahet limit NPSH at bowl (available / required) Am-pie 126.61 NPSH at low {"quid level (available / required) • -? • NPSH at suction }Ian (available r required : -! Column liquid veloolly Can liquid velocity Suction nozzle I quid volodly Pump type Lineshan Bbwi Wah diameter 0.00 In Assembly Heed mesaured at Bowl Suction type 6uctlon ban; Unashah lubricatlon Open liMSha!l, product tube , Suction atralner No svo0on strainer Column 0ornate r 14 inch i nvede4 Linesnett Eleme+er 1 Inca Pegs 8 016 .-- 25 yrr 2. ---.our ?u i.i.7. r1?1' 11 ina or nnu [q GOULDS PUMPS Customer ORAN I Customer Worance Item numbs, 001 i Service IQuantity of Dump; ' T ?Ir O ESP Turbine Quotation System 6.0.1.44 • Quote number 1 326ti hair description 16DMC Stapes 1 Speed 1.770 rpm Dam last moved 05 Nov 2010 1:07 PM AD ow: 6haf! : 2 at in AG 9D K ?CD 66.75 in i G: COL ?I DD i Head Type MIN, sue 33.01) K, Head 3¢e DM Fianye Rating tf M I Packing HH 5irellner None J U05aee No S 1 Flow ? J 9pm ITPL { Head !measured at • 306 D It i !UG . bowi aasy.l I I speac '70nirn l Fluic ; Fresh wale, } xG ! OMPormture 66.00 dep F I Vncceily 5.00 ei Denelt:. 0-02t 3G , SV rn Thrust at Design ; e,729.1 t6' Model Max -nrual : 7,895.5 W! Make HP 'NOmino)" RPM ITT Item No. ump ,37 .0 ib "Nominal" Effialenoy momr Total : 1,379.0 b Pape 7 of 9 A ._n1) JSr ?r?54 aau-1 au uAPn :C nTna q T AQW ITT Turbines, Submersibles & Stainless Steel Submersibles Goulds Pumps STANDARD TERMS AND CONDITIONS All sales and Transactions with Goulds Pumps are suNect to its Standard Terms and Conditjons WARRANTY - Company warrants title to ;he produd(s) and, except as noted wlth respect to Items not of Company's manufacturer, also warrants the product(s) on date of shipment to Purchaser, to be of the kind and quality described herein. and free of defects in workmanship and material, THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS. AND CONSTITUTES THE ONLY WARRANTY OF COMPANY WITH RESPECT TO THE PRODUCT(S), If within one year from date of initial operation, but not more than eighitren months from date of shipment by Company of any heat of product(s), Purchaser discovers that such item was not as warranted above end promptly ratifies Campany;n writing thereof, Company 9)4411 4mody such nonconformance by, at Company's option, adjust. ment or repair or replacement of the item and any affected part of the predue.(51 Purchaser shall assume all resaonsibility and expense 4or removal. gems,.ailatson, and freight in connettlor with the foregoing remedies. The same oblfgatlans and conditions shall extend to 'eplace• mend carts furnished by Company heeeuncec Company shall have the Vgnt of disposal of parts rectiaced ay it. Purchaser agrees to notify Company, in ,ynting, .f Sny apparent detects r1 design. -material or norkmarsn+p, prior to performing any coretalve action back e0arge- :iMe to the Ccrrpany. Purchaser shall proviart a deraded rstimate and approti III by the Compamr ANY SEPARATELY LIS'ED ITEM OF THE PRODUCT(S) WHICH 15 NOT MANVFACTLRED BY THE COMPANY 15 NOT WARRANTED BY COMPANY and shall be covered only oy the express warranty, if any, of trill manu• I4Cturer thereof. ,HIS STATES PURCHASERS EXCLUSIVE REMEPY A"NST COMPANY AND ITS SUPPUERS RELATtNC TC T14 PRODUCT(S), WHETHER IN CONTRACT CR IN TORT OR UNDER ANY OTHER LEGAL THEORY,:AND WHETHER ARISINC OUT CF WARRANTIES, RE?RESENTATIONS, INS AUC- TIONS. INSTALLATIONS OR DEFE-TS FROM ANY CAUSE. Company and its suppliers shall have no obligation as to any product which has bent improperly stored or handled, or which has net been operated or maintained according no instructions in Company or supplier fur'nlshed manuals. PATENTS - Company shall pay costs and damages llnaily awardeo in any suit against Nor chaser or is vendees to the extent based urion a finding that the design or constructlon of the product(s) as furnished fringes a United States patent (except infringement occurring '03 a result :il mcorperating a design or modification at Purchaser's request) peov ded!hat Purchaser promptly notifies Company of any char a of such Infringement, and Connoeny is given the right at its Expense to Seflh such Charge and to deieno or control the defense of any :sett based t Pon such charge. 'HIS PARAGRAPH SETS'ORTH COMP,4NY'S ;XCUSIVE IABILtTY'NITH RESPECT TO PATENTS. >IUYER DATA - Timely performance is contlnoenc upo , the Purillasser svppiying ;e the Company, • Tien needed. all required technicatliniarme• lion, incladlng drawing approval, and oil required commercial documen- tarian, ' M Goulds Pumps Gau:ds pumps a breno of IT' Residential and or^mercial VVatec NUCLEAR - Purchaser represents and warrants that the product(s) cov- ered by this contract shall not be used in o in connection with a nuclear facalty or application. NONCANCELLATION - Purchaser may not cencel or terminate for canvenlence, or dived suspension of .manufacture, except on mutually acceptable terms. DELAYS - It Company suffers in performance due to any Cause beyond Its control, Including but not'ImRed to act of God, war, act ortallure to act of government, at* or omission of Purchaser, fire, flood, strike or labor troubles, saootage, or delay In obtaining from others suitable set, vices. materials, components, equipmentortransportatbn, the time of performance shall be extended a aenod of time equal :a the period of the delay ane its rgnsequences. Company will 3ive to Rwchaier notte n writing within a reasonable Cane a'ter Company becomes aware of )ny such delay. STORAGE - Any hrm of the weductls) on which manufacture ar ship- ment is delayed by causes within Pwthaser's control, or Sy causes Nr,ich artect Purchasers ability to recvve cite product(s). may be placed in storage by Company 4or Purchaser's account and risk SHIPMENT - r!ie term °shloment" means dellvrV o the initial curler in accordance with the dwivery terms Cf thls order. Company may make partial shipments. Company shall select method of ttansponation and route, unless terms are f.o,b, point of shipment and Purchaser speci- fies the method and rote and s to pay the freight costs in addition .o the price. Whop terms are f.o.b. destination or freight allowed to destination, "destination" means Common carrier delivery point (within continental United States, excluding Alaska) nearest the destination. For movement outside the waited States. Company shall arrange for inland carriage to port of exit and shall cooperate with Purchaser's agents in making necessary arrangements !or overseas wirfage and preparing Mace! Saoy documents, SPECIAL SHIPPING DEVICES - On shipments to a destination in the continental United States or Canada, Company has Iho right to add to the invoice, as a separate item, the value of any special shipping device fbarrol, reef, tarpaulin, <radle, rills and the iikall used to contain or protte the product(s) invoiced, whiia in transit. Full uedh will be given on me return m Company of the device in a reusable condition, to,b, desdnation, freight prepaid. TITLE AND INSURANCE - Title to the product(s) and nsx of loss or damage shall pass to ?urcnasar at the f,o.b. point, except that a security Interest in the productis) and proceeas and any replacement shall r& main in Company, regardless of models of attachment to realty or other property, unth the full price nes been paid in cash. Purchaser agrees :o do all acts necessary to perfect and matr.tafn said secutlw Merest and to protect Company's Interest by adequately tnsuririg the product(s) against less ar damage from any external cause with Company named as insure) or CO•!nswrd. lr d VH-4 25D-24 Engineered for life vng ew's.?gm I -4r mggH-i Am w jpn : C n i n2 q i Aaw 1 CRGOULDS PUMPS Customer reference Item number : 001 SeeV1Ce . Ouoncty & pump$ : 1 41J Y?^ t ;J- ...., (/ J.1 ESP Turbhlg Clt Midon Systsm 9.0.7.44 Cluote mober 14 3266 Item dwcripOun : ieDMc slepee :1 Speed t 1,770 rpm Dete Isit 9eved ; 05 Nov 2010 1:07 PM Pe99 9 or 0 XH7 13Cb3Shc dH Wd£O:S 01 0? 9I ^cN 25D-25 25D-26 EXHIBIT B FEE SCHEDULE 25D-27 0 7 d v H W y? CL E 3 d r c 7 0 V d c L 0 ? 0 o 0 o 0 o 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +1 O 0 o 0 O 0 w 0 m 0 i. 0 w 0 w 0 w 0 w 0 w 0 co 0 O kn co . o L6 Lo , 0 0 0 c 0 ; 0 0 C ? ? e- N M ? N M N M O O ?. w O M co 0 N O N O r O N a O y d O 44 d3 64 V} fA V} V} N} V} 03 . EF} 69 fA V} f/} 4,% V} V} d} d} V} g} ? O ? ? N N M ? N M N M ?- = y Y , L O C ' a a .Q y 7 a ;' Ol 3 JI W y lC m a ? O 13 ca L fl. 3 CL ayi U L O o 0 z L 40 U 01 o y a i U O i .O r ? L Q L L 3 U ? L Y 3 R _ ' 3 y c L L ' y la L ~ O ? O d O X oS U L 0 U U 7 0 0 > T Q: M d U 7 d O ~ > m J L U m UJ Y 41 V 1 L N d 3 '' M ad = N . W O m O 01 d t ? d o C O O (D c a i n £ y r N M o ° O . E a? N Z C L U _ w E ? y 0 ?+ U > O 2 v r O N t M d L 7 V r O O N r 7 7 d r V d 3 L N Exhibit B 25D-28 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of February, 2011 by and between Bakersfield Well and Pump Company, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in providing water well and booster pump maintenance and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform water well and booster pump maintenance and repair services required to rehabilitate and maintain the efficiency of the wells, as set forth in Contractor's Proposal, attached hereto as Exhibit A. Said services shall be provided on an as-needed basis, at the written request of the Executive Director of Public Works, or his designee. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended among all contractors providing these services shall not exceed $300,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The City shall have the option to renew this Agreement, on the same terms and conditions, for up to three additional one-year periods. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to 1 25D-29 create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 2 25D-30 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) 3 25D-31 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: and Public Works Agency - Water Division City of Santa Ana 220 S. Daisy Ave. (M-85) Santa Ana, California 92703 Fax 714- 647-3345 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Bakersfield Well & Pump Co. 7212 Fruitvale Avenue Bakersfield, California 93308 Fax 661-393-9647 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit 4 25D-32 the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 5 25D-33 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR BAKERSFIELD WELL & PUMP CO. JOHN ZIMMERER Vice-President Tax ID# 6 25D-34 EXHIBIT A SCOPE OF SERVICES 25D-35 25D-36 BAKERSFIELD WELL & PUMP CO. A DIVISION OF ZIM INDUSTRIES, INC. 7212 FRUITVALE AVE. BAKERSFIELD, CA. 93308 (661)393.9661 (661)393-9647 PAX m rbaltierra / Mumpsxom s FACSIMILE TRANSMITTAL SHEET FROM! Paul Placinta / NaU Saba Ruben Baltietra rnw' NNY DATE: City of Sans Ana 11/15/2010 I• NN uxr:n, 'gT.iL NO OF P+Grs l?r,L : nI?G COVEZ: 71 "47-3342 12 .^1111\7;' N'C?iP L' R: cEvUP:R'ti ftUERF.NCE `ChISER: 714-647.3377 ut>` 1'OCR RS FL•RF_NGE; NUMBER: Well 35 Bid ? l'ItGF.ti'f ? t-OR RF:N'tiiW Q PL'EASE' CPIIIIF.NT 11 nLL'.i?r: REPLY ? P1,T5A$E RCCYCLI: A"mkched are Cl:e two b165 :Or Weils'9 and 3J, Please z-cel lee ro cail;airh any questions o_r_ i._ OP.C C7Tf y. - T "hank- you, Ruben Exhibit A 25D-37 nav 15 10 11:36a Public Works 7146473345 City of Santa Ana, Water Production 220 S. Daisy Ave Santa Ana. California 92703 7w Phone; 714-647-3377 ill: 724-222-2683 Fax 714-647.3342 p.l FACSIMILE TRANSMITTAL 741 bC-A) /,ALrr?- A To, Bakersfie We & Pump Co. Fax #:661-393-9647 From: Paul Placinta/Nabil Saba Fax #: 714.647.3342 Pages_ P] S Date: November 5, 2010 Re: Well 3S Repairs • if you do not receive 911 pages indicated, please call us at (714) 647.3377 Pieria subntlt you bid not later than 11/15/2010 If any additional information are needed, please contact ; j + Paul'lacinta at 714-222.2683 or 714-27'-2980 or + Nabil Saba at 714-647-3378 A; CL- ?4 0 /f 25D-38 IS 1.? O N 8 i O M ? G r o a s o v 4.1 u v c 'q y Hff1 f ,? a Gi+II I ( o I N O O r' y D N C; 34 c `" lu v Y B. ? ? j 4 •? 'a+ c'd SAP £EL'i9*IL n i ; ? • 1 li N? u .l 31L r r N r 00 Op 00 06 LL1 W LLl ? I+: ? ? ? W W ? QJ ji7' W ao I ? ? 1 i i?{ I `??'?l?lllil! .?: II of ? f ? ? i ? 1 I ?? r I? -. eu Rf N «'7 . N E4? ? ? ???? N? v ? C v y ? u u of v `??? "?'??'?I r , Z o cr?l=; s?I-:OM ?xta?+d daa:lo ?I SO ^ON 25D-39 L11 . i W ° y N 6p ? ?q x ? tl I ? ttI 1 ?= ' ? '0 3 I ! ! I I i4 ? v u ? AC ? ? FF j N I G 7 U C ?o y O 14 4? I! Q i ? ?Z' N C7p v O ?j ?j c? ..? ?I ?{ ?til ?! V 3 + N 40 C f Ala+?iz+D r 1 C A N - 1 t 0 r,9 4 ? a S*csL*9i IL su.jom o; ;grid d2Z * tQ OT So ^94 25D-40 ACV. i. ?i.,i - 4) hl ?sk.Elc!.E.c nc • r U(r r' Q It ? l? ? I GOULDS PUM PS Omn- ESP Turbine Quotation System 8.0.1.44 Pump • • ustomsr $AK R L Customer Were, nIn a W UMP boll number 144506 i Item number 001 Item descrs Peon 14RHMG Stages 3 iServiCe Quantity 1 based on Curve number 14RHMG1770 I Date last saved 15 Nov 2D1012:53 PM ., Flow, retell :2.500 0 USgpm I Differential need /pressure rated Iee e t d 2 6 I Liquid type Liquid wafer , qu s Dllfarantlal head ! pressure, fatoo tactual) f e ) : 4 .0 h 246.6 4 Additional liquid description Solldc diameter. max 0.00 in Suction pressure. rated / max I NPSH avabbls rated 0.00 / 0.00 psi.g Temperature, max 88.00 deg F , Frequency :Ample %ld density, rated I max 0.998 10.996 SG : 60 N: Viscosity. rated 1.00 CP Speed, rated :1,77D rpm Impeller diameter, rated : 9.88 in Material requested . Auto impeller diameter, maximum : 9.881n Material selected : Cl bowl (Lined) / Sid S m Impeller diameter, minimum 8,00 in . . ltnoellar Efficiency (bow); pump) 85.16 /- % . , NPSH required ! margin required : 25 75 / 0.00 h Maximum working pressure ; 161.3 psl.g I I N (Imp. eye f0w)1 S (irri, eye tow) 66 ! 147 Mrutc units Maximum allowable working pressure ' 330 0 Dsi.9 MCSF 1,200.0 US9Prrt Maximum allowable sucLar, pressure WA Head, maximum. rated diameter 372.9 ft IHydrastalle east oressure ;NIA I ! Hood rise to shut ot` . 51.55 % Flow, hest eit. point (BEP) 2.598.9 USgpm river sizing specifleatton Flow ratio (rated I BEP) aft. 10 % i Margin over specification Diameler r84o (rated / max) :99.911 % ! Serv,Ce factor Head ratio (rated die t max die) .99.58% Power hydraullc I Cg1CWCe (ANSI/HI 9.6.7-20041 1.00 i 1.00 11.150 , Power (bowl / pump) I Sefevion status : Acceptattts Power, maximum, rated diameter N?r?irt?iin recommended motor oral ll + Pulfw-nCe. A4lus ud 1101 mne9VCom aria vemaKy The Dub Dow 1eDrele Y Ine ne.n it in* mwl. ,a0 E ?2c I 6U c Soo Aso 400 3SD 300 250 II 1 200 I 160 100 50 I 0 C ?V i _ ?5 ? e I 2 0 matt 0 Power : 0.t? 96 155 hp 182 / - 11115 hp 20D hp i 149 KW --- MCSF i ! 1ea15A PRfMtd OPDrNn n: ion I I J kas In TWO I I SE ? i . 14 _5 I i 55 I 6i -?• Molft c+ , L I i I I i 1 i Louv 2.500 3.000 3.500 4,000 Flow • usppm Page 4 of 15 25D-41 I S 2A r--l m4. :i DIA. HOLES Di/.. P*flk 04& BEYLIK DRILLING, 1 90. OISCHARCE 35# ANSI-r`- F! G. DIA. HOLES = DIA. BCC C?RC 2? D1A. ZANGE 901-' HOLZS MAJD_! 1YER-11 CAL C SOT+?R ?N?.OSfir?r ? = Vqs h'RR HP _Qp Rpm PHASE --- ::, _ HER VOLTAGE `SSW X15 u PRAVE NO . TYPE COUPLING THR? _ DIA. .' -- AIL INZ SHAr' !y ' CJ! S`A^, 7USE ?ROC.LU5F X OIL LUBE____ 1'`t'PEI ' <r4/?'I STAGE -=- GPM . a ?FloT TC N IMPELLER 4, ?1 STRAINER YES -40y WELL I.O. IS MATERIAL COL PIPE 3:A? Sctz( UNE SHAFT tUb S.5 SHAFT TUBE 6OWL SHAFT 41L SS. SHAFT SEAL ? "2 BEARING RETAINER rua Q &2o..r2C. FLUID 4.1-61 , SPEC. GRAVITY / Ca VISCOSITr? _ TEMPERATURE PH * "d Cllrp /.*gbi1. PUMP BOWL C IMPELLER $ 0 "''-''-C BEARINGS Zeo??Pw?2.C BEARINGS M+i ca nd?tiuc STRAINER 3CY+ SS . Bow. , IMPELLER W/R CUSTOMER ?? rJny,?'n • , y - F3oe-ui i s (wee i? S ORDER NO, SUPPLJER f3?"ititc f•uS swG ?i 2 -G9 r • a9v 3 DWG. NO. SN40M OtTan,4 OIC7!Tn nT QA Aou 25D-42 I REMARKS NO, UNITS R-70-D.- - ?. r. s !+e'v 05 J? C?- 01 : 22p Public Works s? >Fai City of Seta Ana, Water Production 220 S. Daisy Ave Santa Ana. California 9270g Phone. 714-647-3377 Cell: 714-222-2683-Fax 714-647-3342 FACSIMILE TRANSMrrrAL To: . Paul Pla o. i Fax #;661.393.9647 Fax #: 714-647.3342 Pages: 4(includiug cover page; Re. Well 29 Rehab Sid Request Date: Nov-e ber 5, 2olo If you do not receive all pages indicated, please call us at (714) 647.3377 Please submit you bid not later than 11/15/2010 • The stainless steel air line to bs salvaged and reinstall. + • If any additional information are needed, please contact: ?aul Placinta at 724•x22.2683 0: 7114-2777-2990 or • Nabil Saba at 714-657-3378 i N lDte: Or, the bid for Wel? 35, please include oo the prize as a separate line the provision and installation of a stainless steel air ltne and Gauge for soutldtnr. 7146473345 F . 1 25D-43 Q 0 0 0 • " c o ? , U R t i ? i I :i Q (f1 CG C a va ° ? 00 a U a a r? r . N 31 C4 a0 ' max r 00 a ? 00 4 d o L° c °- a FV Z-Ca S*CEL*S* IL r j ? c?lr. N ?--? f cv i ? .. fv J 14 ,? o? ! .-.. N, N ... I .r I I I '?• Irz`csafui I I u"ti ? u'?Ir??a`?iz? ? w? ? I ! j i r r i I II v I I i 4 Fla . 0 M o V a u ?h 6.1 u w N U 1 0 U 8 C• i 11 ? U a r y ? I W h C ?p ? a C ti ? w • ?O >a O v •-+ N A O 4 ? n A 7 ht O i 0 L• 25D- on o><tanA =TT nT cT flow i i 21 s ?j cc c = I ? I 1 s ? i i?? •' ( ? l j ? `v ?v f ? ?41a 0 1 W u ?. 3 ?? i VI H CA J tr o4 {? U O ??,C O b u ?, _a Q A.- .. O it y G, •O try t u C a ? bl C. ? • fl ji HI C u O Q O 3i? ?i?"3 ? o au ~ •ca ?, y A??r=e A,7 ? CL 0 N g'd 94BEL*91+TL 25D-45 m OTTgn.d el,c:ii ni Ci bow GOULDS PUMPS ESP Turbine Quotation System 8.0.1,44 Customw reference Item description 14RHHC Item number :002 Stager. :A Service Based on curve number : 14RHHC-1770 Ouentity 1 Date last saved : 15 Nov 2010 12:55 PM Flow, rated : 3,000.0 V9gpm Liquid type water Differential head 1 pressure, rated (requested) :305.0 d Additional Ilquld dascrlpllon 00forentisI tread / pressure, rated {actual) : 307.3 it Solids diameter, max 0.00 In Suction pressure, rated 1 max : 0.00 / 0.00 psi.g Temperature, max 68.00 deg F NPSH available, rated : Ample Fluid demlly, rated 1 max 0.89810.998 SG Frequency : 60 H2 Vlsmelty, rated 1.00 CP Speed, rated : 1,770 rpm impeller diameter, rand : 9.63 in Material requested . Auto Imp" diameter, maximum 9.88 In Material selected : CI Sowt (tined) / Sid. Brz Impeller diameter, minimum B.00 in Impeller EfRoienc (bowl 1 m ) 83 9d y p pu . 1. % NPSH required / margin required : 32.29 t 0.00 h Aftximum working pressure ; 198.1 p6i.9 nq (imp, eye now) 15 (imp, eye flow) Bo / 143 Metric units Maxlmurn allowable working pressure : 330.0 pst.g MCSF 1,500.0 USOpm Maximum allowable suction pressure N/A Head, maximum, rated oiameler : 457.7 R drostatio lost pressure NVA Head rise to shutoff :50 06 % 1 " - Flow, best off. point (BEP) :2.855.3 USgpm MUM 2 W ver sizing spec) ca ton aced power Flaw ratio (rated / BEP) :105,07 Margin over specification 0.00 % Diameter rrltio (rated / max) : 07.42 % Service factor '11.116 Head ratio (rated dia / max dla) :92-09 % Power, hydraulic 231 hp II CglCh/Ce (ANSVHI 9.6.7.20041 1,00 / 1,001 1.00 ! Power (bowl! pump) 2751- 1 I 5elCgion status Atespteby i Power, maximum, rated diameter 276 hp _ (iil ,Min'WTw-n rcterranded motor Feting 300 hp 1224 kW caw Derlornerm. Adlunod'M znevuvcon 4M v4amrv 7be awry eblnt reDfeeente tM read At d:e bowl. 129 .40 i 10 I 0 800 Std ee0 I 420 :60 a f too l _ 240 i tra t20 SO t o I I I WO L, I " elm wuwna rwap tl.tlBM I i I ? i ( I i r I l I Sa i 167 I ? I 79 y I ZA 1 i l t 0.00 n ::Z I _ I i I I > i t ? so i ?o t I ? i lNP<_,,, E II ? I I 0 0 500 ..000 1,500 2.000 1.500 3,000 3500 4.000 e.599 - 5.000 1 Flow, Usgpm Page 10 of 15 25D-46 rYav 15 30 21:37a Public Narks - - 714$473345 p.4 JOHNSTON VERTICAL PUMPS 4 - T 8" D1A. HOLES t 33" Sa. 16" X 150# ANSI 11SCHARGE FLANGE ? r SOLE--ELATE - STEEL 15" OTNERi T FURNISH - T) A H A T aA P [L 0 UR- E 56 5/16' Cx r TYPE A - 20 X if W PIECE H AOSHAFT (??a?,3 ? y4K.ia I Y RE , f ?L N 1 PRE ?E1@ t U ,. 3r1! SGLE,,tCID r--{' GA ON _4 1?il 000 Q(JI • WA 7ER i J ' r 18" OIA. r OPENINC OTHERS TC "URNI N- THREAD COLUMN ASSEMBLY- 14- 1 13 i f ? I BOWL A SY. A SIAG>: 1 SCUC 1 CUSTOM : IK DRIL ING M NO., 2 5274 I i 5 CITY OF- -ANAME11d :Q5'-7 7f 16"? JO NSTON 5 1 NQ. 35.J8 R 4Q? } ! SANTA ANA WELL #35 gas raurir ca rr ao ? dp+?arawiw ?fAN1' 14 Z/4" DIX 1 ? F?e NOT E QO NOT I?rOR CONSTRUC71ON UN 7S5 CERTjFIEJOHNSTON PUMP CO. G. 5 9/95 NPT 8ROOKSHIR` 7X, N-3706-A 25D-47 Nov 15 10 11:37a Public Works 7146473345 P'S + JiJIv lE '? pt3:'r5 °I•L:.EIHCf' ..... p.3 ?'ZL?8C? (w Itma OR'T' Sakarttl?IG • a Ulm 3 ClDnrtiont , a AOna Seaiim?rno i Wtstdrq{orr 's ,Ntwadt h: Cwlomo? . sE ,Tx 12ILLIM, I7C + :. :. 2060E Ad&m 3f i 'i $f3.i18'P. =T Ru+ f+b.? . WId No. tVITL '?Li?' f?i p i-3~'Dr` Clry ` Ul1t 34" •M.:Z?P llafell l oan ADM XID n.' N='N Ravwaiy A, G11lCt/, OrosNo•QS-1170r: TV'UIT RM-as 811m= Ragan for 8urvoy GMUL DIFOMT a t BlOOfaf LOU • ' Zam Down 4urv*y c] m wgW by n+b. CLiC _ ? , J-19 PT g7ITIC Sts. rr a:'s 01 rr •TOT of, 4S0 R i1.M 502 ?nT 32' -? 362 I^' PEEmu 25D-48 , -Rminu U 3/4" %i - i! 3iJ118OFadUCJJ ID a! fltKtnater Rar?renca; 0 ??ilper Sarver SOMA{a hcsrf Tbi 160?o Sarvey 0 W14 %m da orro?torv)ncrueti?On 9uAo-uv ?iSTi 6ilS1.L :? EXHIBIT B FEE SCHEDULE 25D-49 25D-50 BAKERSFIELD WELL & PUMP CO. LUD7212 Fruitvale Ave. • Bakersfield. CA 93308 - (661) 393-9661 FAX (661) 393-9647 PUMP REMOVAL / INSTALLATION SERVICES (A) DESCRIPTION 1A MOBILIZATION 2A PUMP RIG & CREW 3A 12-TON HYDROCRANE & CREW 4A DEMOBILIATION UNIT NON-PREVAILING LS $ 250.00 HR $ 180.00 LS $ 140.00 LS $ 250.00 PREVAILING $ 250.00 $ 275.00 $ 250.00 $ 250.00 WELL / PUMP REPAIR SERVICE (B) DESCRIPTION 1 B GENERAL SHOP LABOR 2B MACHINE SHOP REPAIR 3B SHOP WELDING 4B ON-SITE MECHANICAL REPAIRS & INSPECTIONS (DURING BUS. HOURS) 5B ON-SITE EMERGENCY MECHANICAL REPAIRS (AFTER BUS. HOURS) 6B WELL VIDEO SURVEY 7B WELL REHAB (SCRATCH & NON-PREVAILING BAIL) HR $ 200.00 ALL HOURS OVER 8HOURS @ TIME & A HALF SATURDAY RATES @ TIME & A HALF SUNDAY & HOLIDAY RATES @ DOUBLE TIME AS NEEDED PARTS AND MATERIAL WILL BE BILLED AT COST PRICES VALID UNTIL 12/31/11 Ruben Baltieft -- Estimator / Project Manager RATE $ 50.00 $ 70.00 $ 72.00 $ 125.00 $ 200.00 $ 1,000.00 PREVAILING $ 295.00 Exhibit B UNIT HR HR HR HR HR EA 25D-51 25D-52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION REPRESENTING NON-CIVIL SERVICE PART-TIME EMPLOYEES CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Service Employees International Union regarding wages and other terms and conditions of employment for part-time, non-civil employees. DISCUSSION The City and the Service Employees International Union (SEIU) representing part-time, non-civil service employees, recently completed contract negotiations resulting in a new three-year Memorandum of Understanding (MOU). The MOU covers July 1, 2010 through June 30, 2013. The provisions of this agreement include: 1) Term: A three-year term, from July 1, 2010 through June 30, 2013. 2) Salary Increase: No salary increases throughout the term of this contract. 3) Hours for Representation: Reduce qualifying time for employees to obtain union representation from 600 to 400 hours and seven (7) to five (5) months. 4) Union Release Time: Provide annual bank of 50 hours for bargaining unit. 5) Holiday Pay: Provide holiday pay at time and one-half for New Year's Day, Memorial Day, Thanksgiving Day and Christmas Day for those employees assigned to work. CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 25E-1 Agreement with the Service Employees International Union Non-Civil Part-Time Employees February 7, 2011 Page 2 6) Overnight Trip Pay: Increase paid hours from 12 to 16 for those employees who work a 24-hour period. 7) Joint Labor-Management Team: Create joint labor-management team to explore part-time employees obtaining access to health benefits, at employee's expense. FISCAL IMPACT Funds are available in the affected departmental Salaries Part-Time accounts (Account 61020). Estimated total cost for the first year of the contract is approximately $6,000 per year. APPROVED AS TO FUNDS AND ACCOUNTS Lz?S, Kathie S. Gonzalez Executive Director Personnel Services Department Francisco Gutierrez Executive Director Finance & Management Services Agency- 25E-2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT FOR THE PERIOD JULY 1, 2010 - JUNE 30, 2013 25E-3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, PART TIME EMPLOYEE NON CIVIL SERVICE REPRESENTATION UNIT FOR THE PERIOD JULY 1, 2010 - JUNE 30, 2013 TABLE OF CONTENTS ARTICLE SUBJECT PAGE Article I Recognition 3 Article II Non-Discrimination Clause 3 Article III Working Conditions 4 Article IV Compensation and Overtime 5 Article V City-Paid Training/Instruction g Article VI Uniform Maintenance & Safety Shoes g Article VII Miscellaneous Provisions 9 Article VIII Grievance Review Procedure 11 Article IX Agency Shop, Dues Deduction & Indemnification 12 Article X City Rights 14 Article XI Waiver of Bargaining During The Term of This Agreement 16 Article XII Emergency Waiver Provision 16 Article XIII Separability Provision 16 Article XIV Term of Agreement 17 Article XV Ratification & Execution 17 Exhibit A SEIU Part Time Hourly Wage Rate Schedule 19 (Effective 7-1-10) 2 25E-4 "SEIU PART TIME UNIT" ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 347- 721, (hereinafter called the "Union") as the exclusive representative of the representation unit which includes part time personnel employed by the City as defined in Section 1.2, immediately hereafter. 1.2 To be entitled to the contract rights provided in this Part Time Employee Representation Unit, employees must be employed in the classifications listed in Exhibits A-1 and A-2, respectively, (attached hereto) and must have worked for at least four hundred (400) hours and five (5) months in a fiscal year. Employees in classifications listed in Exhibit A, who have met the four hundred (400) hours and five (5) months qualification requirement during any fiscal year beginning with 1997-98, are entitled to the contract rights provided in this Memorandum of Understanding (MOU) and shall not be required to re-qualify in the future. The City will provide the Union a list that identifies the cumulative number of hours worked each fiscal year for all Part Time employees. This list will be provided each month of each fiscal year. 1.3 In accordance with Article X, Section 1002 of the City Charter of the City of Santa Ana, all Part Time positions or employments requiring less than twenty (20) regular hours of employment per week are in the "Excepted Service" of the City; that is, they are not covered by the Civil Service System of the City. Nothing in this Agreement shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City to employees in the Part Time representation unit. ARTICLE II 2.0 NON-DISCRIMINATION 2.1 The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, sexual orientation, national origin or alienage, political or religious opinions or affiliations, or union membership, and that all jobs are open to males and females. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. 3 25E-5 "SEIU PART TIME UNIT" 2.2 Whenever reference is made to the feminine gender, it shall be understood to include the masculine gender, unless expressly stated otherwise. ARTICLE III 3.0 WORKING CONDITIONS 3.1 Hours of Work. The Department Head, or his or her designee, subject to regulation and control by the City Manager, shall determine the number of hours of work per day and work week which any Part Time employee may be required to work, or whether such Part Time employee shall work at all. A. Rest Period. A paid rest period of ten (10) minutes duration may be granted during each work period of four (4) or more hours, subject to the operational needs and staffing requirements of the department during that period. B. Meal Period. Part Time employees who are scheduled to work and who work a minimum of seven and one-half (7 ''/2) hours in a day shall be entitled to a non-paid lunch period of one-half ('/2) hour. Such non-paid lunch periods shall be scheduled at or about the midpoint of each work shift. 3.2 Maximum Hour Limits. Part Time employees are limited to a maximum of twenty (20) hours of work per week. Part Time employees are limited to a maximum of nine hundred and ninety-nine (999) hours per fiscal year (July 1 each year through June 30 of the following year). The City will provide timely notification to Part Time employees prior to the attainment of their maximum annual limit of work hours, but failure to provide such notification shall not be the basis for any liability of the City. A. Holidays. The City agrees to grant Holiday pay as follows: • New Year's Day • Memorial Day • Thanksgiving Day • Christmas Day Only part time employees that are required to work on the day of the week in which the holiday referenced above actually occurs will receive holiday pay at time and one half. 3.3 Public Relations. The parties agree that the image of the public employee in the community must be maintained if high levels of employee morale are to be achieved. To this end, the parties agree to mutually pledge their best efforts over the life of this 4 25E-6 "SEIU PART TIME UNIT" Agreement to continuously encourage employees to be courteous, helpful and industrious in all their public contacts and when in public view during the full duty period. 3.4 Health and Safety. The parties agree that industrial health and safety are mutual concerns of the City and of the Union. The City and the employees covered by this Agreement agree to comply with all applicable Federal, State, and local laws, and City of Santa Ana regulations, which pertain to health and safety. The Union agrees to encourage employees to work safely and efficiently. ARTICLE IV 4.0 COMPENSATION AND OVERTIME 4.1 Wage Rate Schedule. The wage rates for designated class titles to which Part Time employees are assigned are specified on the attached Exhibit A. A. Effective July 1, 2010, the base salaries of employees covered by this Agreement shall not be increased. B. Effective July 1, 2011, the base salaries of employees covered by this Agreement shall not be increased. C. Effective July 1, 2012, the base salaries of employees covered by this Agreement shall not be increased. 4.2 Compensation for Hours Worked. An employee's paycheck shall reflect the actual hours worked during that pay period. A. Adjustment of Time Sheets. The employee must be given an explanation of any changes to his/her time sheet within 24 hours of any change. 4.3 Initial Wage Rate. The initial wage rate for new employees covered by this Agreement shall be the lowest rate assigned to the class title in the aforementioned Part Time Wage Rate Schedule (Exhibits A-1 and A-2, respectively) to which the employee is appointed; provided, however, the Appointing Authority may appoint a new employee at a higher step in the applicable wage rate range assigned to the class title if there has been unusual difficulty in recruiting competent employees at the lowest rate, or the higher initial rate selected is commensurate with the education and experience of the appointee. An employee shall be entitled to advance to the next higher step, if any, in the rate range assigned to his or her class title in accordance with further provisions of this Article. 4.4 Advancement Within Ranges. A. Part Time employees shall be entitled to advance from Step A to Step B after 5 25E-7 "SEIU PART TIME UNIT" completing 1040 hours of work, effective the first day of the pay period next following the date of completion of said number of work hours. B. Progression to successively higher steps shall be in accordance with the following schedule. 1. Step B to Step C, after completion of 1040 hours of work at Step B; 2. Step C to Step D, after completion of 1040 hours of work at Step C; 3. Step D to Step E, after completion of 1040 hours of work at Step D. The effective date of an increase to a higher step shall be the first day of the pay period next following the date of completion of the specified number of work hours required for advancement. 4.5 Bilingual Pay. A Part Time employee who is assigned by a Department Head or his or her designee to a position requiring bilingual capability in both English and either Spanish, Samoan, Vietnamese, Korean, Cambodian, Hmong, or other languages designated by the City Manager, shall be paid an hourly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Personnel Services, or his or her designee, as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capability. B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. A qualified incumbent of such position shall be paid a differential of seventy-three cents ($.73) per hour above his or her base hourly rate. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not major, essential, or integral element of the work, shall be designated as a Secondary Bilingual Assignment. A qualified incumbent of such position shall be paid a differential of twenty-three cents ($.23) per hour above his or her base hourly rate. D. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined solely by the Department Head and the City Manager. 6 25E-8 "SEIU PART TIME UNIT" E. There shall be periodic recertification of such bilingual capability. 4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part Time, Temporary and Emergency employees not covered by Ca1PERS to satisfy the requirements of the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified Section 457 Deferred Compensation Plan. The disbursement from the plan shall be consistent with the law and the policies and procedures established by the City. A. The City and the Union further agree that all such employees shall be required to contribute 3.75% of their wages into the City-adopted qualified retirement plans, such as Section 457 Deferred Compensation Plan. B. The City agrees to contribute 3.75% of all such employees' wages into the employees' retirement plan. C. If, at any time in the future, the Internal Revenue Service rules that the adopted retirement plan does not meet Federal requirements as a qualified alternative retirement system to Social Security coverage, the City shall discontinue its contributions into said plan for affected employees and shall not assume responsibility for the payment of any back taxes due for Social Security coverage or for payments to any other qualified retirement plan for affected employees except for those payments mandated by law to be paid for by an employer. D. In consideration of the inclusion in CalPERS of all Part Time employees working in excess of 999 hours in any fiscal year since July 1, 1994, the Union and the City agree that: • All City and employee contributions to the deferred compensation retirement system since July 1, 1994 be transferred to the Ca1PERS program. • All back contributions due to Ca1PERS by the employee and the City shall be paid by the City. • All deferred compensation retirement funds paid prior to July 1, 1994 remain in the account of the employee for distribution at the employee's choice upon termination of employment from the City. E. The City at no time shall be required to pay contributions to two separate retirement systems. 4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the employee to overtime compensation, at a rate equal to one and one-half (1 ''/2) times the employee's regular hourly rate of pay. 7 25E-9 "SEIU PART TIME UNIT" A. Employees who work overnight trips and remain available for duty for any 24 hour period shall be paid for 16 hours each 24 hour period. B. Any partial day worked shall be paid based on actual hours worked on that day. ARTICLE V 5.0 CITY PAID TRAINING/INSTRUCTION 5.1 If a Part Time employee is required by his or her Department Head to attend a workshop, seminar, conference or similar training/educational activity, the expense, if any, shall be borne entirely by the department, including the employee's wages. ARTICLE VI 6.0 UNIFORM MAINTENANCE & SAFETY SHOES 6.1 Uniform Maintenance. All Part Time employees who are required by the City to wear a uniform while on duty shall be provided clean uniforms at no cost to the employee. The City shall replace, upon request and with supervisory approval, worn uniforms with uniforms that are in good condition. The City shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for field personnel. 6.2 Safety Shoes. A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per affected employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee. B. All safety shoes/boots purchased under this program must meet the requirements under the American Society for Testing and Materials (ASTM) F 2412-05 and F 2413-05. C. If a particular class of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that class to wear the type of safety shoe (boot or low-quarter) deemed to be appropriate by the Department Head (some exemptions may be allowed, on a case-by-case basis, depending on the type and amount of exposure to hazard in particular positions and subject to the approval or disapproval of the City's Safety Officer). D. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 8 25E-10 "SEIU PART TIME UNIT" ARTICLE VII 7.0 MISCELLANEOUS PROVISIONS 7.1 During the term of this Agreement: A. It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer-Employee Relations Resolution (Council Resolution No. 81-75). It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder during the term of this Agreement. This Agreement is not intended to conflict with Federal or State law or the City Charter. The City will provide employees covered by this Agreement a reduced size copy of this Agreement and its attachments, including a section containing the Employer- Employee Relations Resolution of the City of Santa Ana. B. Notwithstanding the foregoing, personnel rules and regulations and departmental rules and regulations exist within the City. These rules and regulations shall be continued to the extent they do not contravene specific provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to contravene specific provisions of this Agreement. C. If any part time employee is terminated from employment with the City, he or she may request a review of the action with the Department head or designee prior to the effective date of the action. Said meeting shall be held prior to the effective date of the action. D. Union Release Time for Union Officials, Board Members, and Employee Representatives. 1) The City's Executive Director of Personnel Services shall be provided with a list of names and classification titles of the part-time employees serving as the 9 25E-11 Union's Board members, Officers, and employee Representatives. Such Board members, Officers, and Employee Representatives shall be considered work site representatives. 2) During the term of this Agreement, the City agrees to grant up to a total of fifty (50) hours per fiscal year on a non-cumulative basis to this bargaining unit to allow its work site representatives, without loss of pay, to perform the responsibilities of their positions as follows: the investigation and processing of grievances, including representation at all levels of the grievance procedure; meetings with Department Heads involving the termination of part-time employees, as referenced in Article VII, Section TIC; joint labor- management meetings; meet and confer sessions; and contract negotiations. 3) Such part-time work site representatives shall make advance arrangements with their supervisors prior to absenting themselves for such purposes and shall be required by the City to recor and report to their supervisors on the work time spent in assisting other employees or on Union business, as defined in #2 above. Such time shall be recorded as "union representative time." E. Executive Board Member's Union Release Time. 1) The City's Executive Director of Personnel Services shall be provided with the name and classification title of the part-time employee serving as the Union's Executive Board Member. 2) One (1) designated SEIU Local 721 Executive Board Member shall be allowed up to 20 hours per year without loss of pay and benefits to perform the responsibilities of his/her position. 3) The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for Union Release Time. 4) The Union agrees to pay for Union Release Time within thirty (30) days of receiving the bill from the City. 5) Such Executive Board Member shall make advance arrangements with his or her supervisor prior to absenting him or herself for such purpose and shall be required by the City to record and report to his or her supervisor on the work time spent in Union Release Time. Such time shall be recorded as "union release time." F. Health Benefits. During the term of this Agreement, the City and SEIU agree to form a joint labor-management team for the purpose of exploring the possibility of part-time employees participating in the City's medical benefits plan, at no cost to the City. In no event shall this provision automatically grant part-time employees access to such a plan. 10 25E-12 "SEIU PART TIME UNIT" G. Promotional Opportunities. The City shall give part-time employees the opportunity to apply for full-time "open," "open and promotional," and "restricted" positions. ARTICLE VIII 8.0 GRIEVANCE REVIEW PROCEDURE 8.1 Nothing in this grievance procedure shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City of Santa Ana to employees in this representation unit. 8.2 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this Agreement, and/or the City's personnel and/or departmental rules applicable to Unit employees. No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure. 8.3 Informal Process - First Step. A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) calendar days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above within fifteen (15) calendar days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. 11 25E-13 "SEIU PART TIME UNIT" D. Any resolution of the grievance at the informal stage by any person other than a mid- level manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this Agreement. 8.4 Formal Process. A. Second Step. The Department head, or his or her designated representative, shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) calendar days after said meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager, or his or her designated representative, within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action shall constitute a waiver and bar to the grievance, and the grievance shall be considered settled on the basis of the disposition made at the Second Step. The City Manager, or his or her designated representative, shall meet with the employee and/or the employee's designated representative, within fifteen (15) calendar days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered, in writing, to the employee and/or the employee's designated representative within fifteen (15) calendar days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. 8.5 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE IX 9.0 AGENCY SHOP, DUES DEDUCTION & INDEMNIFICATION 12 25E-14 "SEIU PART TIME UNIT" 9.1 Agency Shon Election. During the life of this MOU, the City and the Union shall choose a date, mutually convenient to both parties, to conduct an Agency Shop election among the Part Time employees. The election shall be conducted under the control of the State Mediation and Conciliation Service. If the State agency is unable to provide a representative, the City and the Union will mutually agree on a third party to supervise the election. All Part Time employees in classifications covered by this MOU are authorized to vote in this election. All Part Time employees in the bargaining unit will be given at least ten (10) calendar days notice prior to the election. If the Agency Shop provision is approved in the election, bargaining unit employees will be required to either join the Union voluntarily or have the City deduct an Agency Fee through payroll deduction. The City will not deduct any Agency Fee from bargaining unit employees until they have worked at least four hundred (400) hours and five (5) months in a fiscal year. Once bargaining unit employees meet this threshold, they shall remain covered under this provision during their part-time employment. 9.2 Dues Deduction. If an Agency Shop is approved, the City shall deduct dues, on a monthly basis, from the pay of all employees employed within the classifications listed in Exhibit A (attached hereto) who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Union within thirty (30) calendar days following their deduction. 9.3 Agency Shop. A. If an Agency Shop is approved, all employees covered by this MOU, as defined in Article I, shall, as a condition of continuing employment, become and remain members of the Union or shall pay to the Union a service fee in lieu thereof. Such service fee shall be one dollar ($1) per month less than Union dues if legally authorized. B. When an employee is hired and meets the qualifying threshold as defined in Article I, the Personnel Services Department shall provide him or her with an authorization form for the deduction of Union dues. Said employees shall have thirty (30) calendar days following the qualifying date to fully execute the Authorization Form of his or her choice and to return said form to the Agency/Department payroll section. The City shall initiate payroll deduction of Union dues, service fees, or charitable contributions beginning the first pay period of employment. C. Any employee of the City subject to this MOU who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations 13 25E-15 "SEIU PART TIME UNIT" Board, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a charitable payment. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager or his or her designee. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. For purposes of this section, "charitable deduction" means a contribution to one of three non-profit organizations, with the United Way being one of them. The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop provisions herein. In no event shall the City be required to pay from its own funds, Union Dues, service fees or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. ARTICLE X 10.0 CITY RIGHTS 10.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, technology, and extent of services to be provided to the public. E. To determine methods of financing. 14 25E-16 "SEIU PART TIME UNIT" F. To determine types of equipment and/or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract for or subcontract any work or operation of the City. 1. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this Agreement. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement. 0. To determine policies, procedures, and standards for selection and training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. 15 25E-17 "SEIU PART TIME UNIT" 10.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. ARTICLE XI 11.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 11.1 During the term of this Agreement, the parties mutually agree that they shall not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement in writing, agree to meet and confer about any matter during the term of this Agreement. ARTICLE XII 12.0 EMERGENCY WAIVER PROVISION 12.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement and/or personnel and/or departmental rules applicable to unit employees, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Agreement shall be reinstated immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Agreement during the course of the emergency. ARTICLE XIII 13.0 SEPARABILITY PROVISION 13.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties 16 25E-18 "SEIU PART TIME UNIT" shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. ARTICLE XIV 14.0 TERM OF AGREEMENT 14.1 The term of Agreement shall be from July 1, 2010 through June 30, 2013. ARTICLE XV 15.0 RATIFICATION & EXECUTION 15.1 The City and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto shall jointly urge said Council to adopt this Agreement which provides for the wages, hours and other terms and conditions of employment for employees represented by the Part Time Employees Representation unit. The City and the Union acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Union and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union and entered in to this 7th day of February 2011. CITY OF SANTA ANA, a municipal corporation of the State of California Dated: By: MAYOR Dated: Dated: By: CITY MANAGER By: EXECUTIVE DIRECTOR OF PERSONNEL SERVICES ATTEST: MARIA D. HUIZAR CLERK OF THE COUNCIL APPROVED AS TO FORM: JOSEPH STRAKA ASSISTANT CITY ATTORNEY 17 25E-19 This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, Part Time Employees Representation Unit. Dated: Sandra Cortez Michael Sherritt, General Manager Ernie Rodriguez 18 Rose Rangel Negotiator I, SEIU Joaquin Avalos President, SEIU Renee Hernandez 25E-20 SEIU PART TIME UNIT SEW PART TIME HOURLY WAGE RATE SCHEDULE EFFECTIVE 7/1/10 Exhibit A JOB TITLE STEP STEP STEP STEP STEP A B C D E ACCOUNT CLERK 1 18.37 19.26 20.23 21.24 22.30 ACCOUNT CLERK II 20.32 21.33 22.42 23.52 24.70 ACCOUNTANT 31.21 32.78 34.41 36.14 37.95 ADMINISTRATIVE AIDE 23.29 24.46 25.68 26.97 28.31 ANIMAL KEEPER 1 11.44 12.02 12.61 13.25 13.90 ANIMAL KEEPER II 13.27 13.92 14.63 15.35 16 11 BUILDING MAINTENANCE ASST. 20.01 21.01 22.06 23.19 . 24.32 CASHIER 11.22 11.79 12.38 13.02 13.66 CLERICAL AIDE 13.13 13.79 14.50 15.24 15 98 CLERICAL ASSISTANT 8.53 8.96 9.40 9.87 . 10.36 CLERK TYPIST 1 14.44 15.16 15.93 16.73 17 55 CLERK TYPIST II 16.97 17.81 18.71 19.64 . 20 60 COMBINATION INSPECTOR 28.45 29.87 31.38 32.94 . 34 60 COMMUNITY CENTER AIDE 17.34 18.21 19.12 20.08 . 21.09 COMPUTER TECHNICIAN 18.51 19.44 20.41 21.44 22.53 CROSSING GUARD 9.56 10.06 10.55 11.07 11 62 CUSTOMER SERVICE CLERK 19.08 20.01 21.02 22.07 . 23 19 DATA ENTRY CLERK 15.82 16.62 17.48 18.34 . 19.25 EQUIP. SVC. ATTENDANT 17.81 18.68 19.64 20.59 21.64 GENERAL ASSISTANT 8.53 8.96 9.40 9.87 10 36 GRAPHICS AIDE 12.98 13.64 14.31 15.03 . 15 79 HOUSING AUTHORITY ASST. 20.49 21.51 22.60 23.74 . 24 93 JANITOR 14.59 15.31 16.07 16.88 . 17 75 LIBRARIAN (PART-TIME) 21.22 22.28 23.40 24.58 . 25 81 LIBRARY ASSISTANT 17.87 18.76 19.69 20.69 . 21 74 LIBRARY CLERK 1 14.88 15.62 16.41 17.23 . 18 07 LIBRARY CLERK II 16.48 17.30 18.15 19.08 . 20 01 LOSS CONTROL OFFICE ASST. 18.42 19.35 20.30 21.32 . 22 39 MAINTENANCE AIDE 1 8.53 8.96 9.40 9.87 . 10 36 MAINTENANCE AIDE II 9.97 10.47 10.99 11.56 . 12 15 MOBILE LIBRARY CLERK 18.13 19.08 20.00 21.01 . 22 06 MUNICIPAL UTILITY READER/COLL. 18.25 19.16 20.10 21.12 . 22 18 PAGE 8.53 8.96 9.40 9.87 . 10 36 PAINTER 17.29 18.13 19.07 20.00 . 21 01 PARK MAINTENANCE ASST. 15.46 16.24 17.06 17.93 . 18 82 PARK RANGER (PART TIME) 25.67 26.96 28.30 29.73 . 31 22 PARK SECURITY GUARD 18.51 19.44 20.41 21.44 . 22 53 PARKING METER MAINTENANCE AIDE 16.80 17.63 18.53 19.45 . 20 42 PERMIT PARKING AIDE 19.69 20.68 21.74 22.80 . 23 95 PLANNING TECHNICIAN 23.40 24.56 25.80 27.09 . 28.45 POLICE RECORDS CLERK 1 15.90 16.70 17.53 18.41 19 33 POLICE RECORDS CLERK II 17.29 18.13 19.08 20.00 . 21 01 POLICE SUPPLY CLERK 17.34 18.21 19.12 20.08 . 21 09 PROGRAM COORDINATOR 15.02 15.77 16.55 17.38 . 18 29 PROGRAM LEADER 1 8.53 8.96 9.40 9.87 . 10.36 19 25E-21 PROGRAM LEADER II 10.37 10.89 11.43 12.01 12.59 PUBLIC WORKS RECORDS ASSISTANT 21.94 23.04 24.20 25.41 26.68 PURCHASING AGENT 29.02 30.46 31.99 33.59 35.26 PURCHASING CLERK 18.30 19.20 20.19 21.18 22.23 RIGHT OF WAY TECHNICIAN 14.72 15.46 16.26 17.05 17.89 SENIOR ADMINISTRATIVE AIDE 25.64 26.91 28.26 29.67 31.16 SENIOR CLERICAL AIDE 14.88 15.62 16.41 17.23 18.07 SENIOR PROGRAM LEADER 12.28 12.86 13.53 14.19 14.90 SPECIAL EMP. COUNSELOR 1 9.85 10.34 10.88 11.40 11.97 SPECIAL EMP. COUNSELOR II 12.11 12.71 13.35 14.03 14.72 SPECIAL EMP. COUNSELOR III 13.64 14.31 15.03 15.79 16.57 SPECIAL EVENTS LEADER 1 11.97 12.56 13.18 13.85 14.54 SPECIAL EVENTS LEADER II 14.59 15.31 16.07 16.88 17.75 SPORTS ATTENDANT 8.53 8.96 9.40 9.87 10.36 SR. LIBRARY ASSISTANT 18.97 19.91 20.89 21.96 23.04 SR. MAINTENANCE AIDE 1 11.38 11.94 12.53 13.15 13.81 SR. MAINTENANCE AIDE II 12.90 13.57 14.24 14.93 15.70 SR. MAINTENANCE WORKER 16.18 16.99 17.85 18.72 19.66 SR. SPECIAL EMP. COUNSELOR 14.72 15.46 16.26 17.05 17.89 SR. TUTOR 14.37 15.10 15.84 16.63 17.49 STORES AIDE 16.99 17.85 18.72 19.66 20.63 STRUCTURAL PLAN EXAMINER 1 31.22 32.79 34.42 36.15 37.95 STRUCTURAL PLAN EXAMINER II 33.43 35.11 36.85 38.69 40.62 SUPERVISING PARK RANGER (PART TIME) 29.00 30.46 31.99 33.59 35.26 TUTOR 12.11 12.71 13.35 14.03 14.72 20 25E-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2010-24 AND VARIANCE NO. 2010-04 TO PERMIT THE CONSTRUCTION OF A CHURCH WITH A BELL TOWER THAT EXCEEDS THE ALLOWABLE HEIGHT AT 5321 WEST MCFADDEN AVENUE - CALVARY LUTHERAN CHURCH, APPLICANT ak'- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010-24 as conditioned and Variance No. 2010-04 as conditioned. PLANNING COMMISSION ACTION On January 24, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-24 as conditioned and adopted a resolution approving Variance No. 2010-04 as conditioned by a vote of 7:0 to allow the reconstruction of a new church with a bell tower that exceeds the allowable height at 5321 West McFadden Avenue located in the Single Family Residential (R1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. qqf? J . Trevino Executive Director Planning & Building Agency VF:rb vflreports\cup10-24va10-4 Calvary Church.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 24, 2011 TITLE: PUBLIC HEARING - FILED BY CALVARY LUTHERAN CHURCH FOR CONDITIONAL USE PERMIT NO. 2010-24 AND VARIANCE NO. 2010-04 TO PERMIT THE CONSTRUCTION OF A CHURCH WITH A BELL TOWER THAT EXCEEDS THE ALLOWABLE HEIGHT AT 5321 WEST MCFADDEN AVENUE Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2010-24 as conditioned. 2. Adopt a resolution approving Variance No. 2010-04 as conditioned. DISCUSSION Request of Applicant Calvary Lutheran Church is requesting approval of a conditional use permit and variance to allow the reconstruction of a church that was destroyed by fire at 5321 West McFadden Avenue. The request also includes the construction of a 62-foot bell tower and steeple that exceeds the City's maximum allowable height. Specifically, the applicant is requesting approval per Section 41- 232.5(a) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for churches in the Single-Family Residential (R1) zoning district, as well as a variance from Section 41-233 of the SAMC, which limits structures to a maximum height of 27 feet within the R1 zone. Property Description and Project Backaround The subject property is a 1.5 acre parcel of land located on West McFadden Avenue just west of Euclid Street. The property currently has two churches operating on the premises: Calvary Lutheran Church and Saigon Reformed Presbyterian Church. The site has a zoning designation of Single Family Residential (R-1) and a General Plan land use designation of Low Density Residential (LR-7). Located on the property immediately adjacent to the east and surrounding it on the north is Forty Martyrs Armenian Apostolic Church. Residential uses are located further north across a drainage channel, as well as to the west. St. Barbara's Church and school is located across McFadden Avenue to the south (Exhibits 1 and 2). 2 31A-3 Conditional Use Permit No. 2010-24 Variance No. 2010-04 January 24, 2011 Page 2 The site was originally improved with a single-family residence and garage that were built in the early 1950's. In 1961 Calvary Lutheran Church received approvals to construct a new church campus consisting of a 3,600 square foot worship space accommodating 175 people and three educational buildings. This original approval also allowed for the future construction of a 400-seat worship space (Conditional Use Permits No. 31 and No. 55). The approved master plan would have allowed for the construction of approximately 20,500 square feet of building space. Of these buildings, only the 3,600 square foot worship space was constructed. The single-family residence and garage remained and have been used as offices and small meeting spaces since that time. The church continuously operated on the site and held services in the main sanctuary building until 2005, when a fire severely damaged the sanctuary building. Due to the extensive fire, water and smoke related damage, the sanctuary building was demolished in 2006. Since that time, the two churches have held their services in the office building or within a temporary structure. Proiect Description and Analvsis General Proiect Features and Square Footage Analvsis The proposed project represents a significant reduction in buildable square footage from that of the master plan approved in 1961. As proposed, the project would demolish the existing house and garage, approximately 1,700 square feet, and construct a new 6,100 square foot church facility to replace the one destroyed by the fire. The new church facility would include a main sanctuary to accommodate 216 people, a 1,050 square foot multi-purpose room, three offices and a kitchen (Exhibits 3 and 4). This represents an increase in approximately 800 square feet of new building area over the combined square footage of the previous church building, house and garage; but a reduction of 12,700 square feet from that which was previously approved under the former master plan. The approval of the new CUP would replace and rescind the previous entitlements. The improvements would be constructed as a single phase. Parking Analvsis The City's parking standard for churches is one space per three fixed seats and one space per 35- square feet of floor area where there are no fixed seats (SAMC 41-1411). Using this parking ratio, the 216-seat worship area requires 72 parking spaces; the multi-purpose room requires 30 parking spaces; and the offices, parked at the office standard, require two parking spaces; for a total minimum requirement of 104 spaces. Using this rationale for parking ensures that, even if all three parts of the facility are fully occupied at the same time, adequate parking will be provided for the entire facility. As proposed, the project will exceed the minimum requirement by providing a total of 109 spaces. 31A-4 Conditional Use Permit No. 2010-24 Variance No. 2010-04 January 24, 2011 Page 3 General Operations of the Facili Calvary Lutheran Church was the congregation that originally established the church in 1961 under the leadership of Pastor Hillard Weiss, who continues as the pastor of the church today. The congregation of Calvary Lutheran is comprised of approximately 20 active members who hold services within the structure that was originally built as a single-family residence. The Saigon Reformed Presbyterian Church, which began sharing the church space a number of years ago, has a membership of approximately 100 and holds worship services in a temporary tent structure. Both churches currently hold one service on Sunday morning at 10:30 a.m. Adult bible study classes are also held by Calvary Lutheran Church on Sunday mornings from 9:00 a.m. to 10:30 a.m. The Saigon Reformed Presbyterian Church maintains office hours from 9:00 a.m. to 2:00 p.m. Monday through Friday, Saturday from 9:00 a.m. to 3:00 p.m. and Sunday from 10:00 a.m. to 2:00 p.m. Due to the relatively small size of the Calvary Lutheran Church congregation, the proposed facilities can easily accommodate the simultaneous operation of both churches. Project Architecture and Landscaping The architectural design of the building is a modern interpretation of the Gothic style, with decorative towers, arched entries and a bell tower and steeple. A lightly textured stucco finish, earth tone paint, and concrete the roof will also be provided. Finally, decorative glass windows will be installed on all sides of the building (Exhibits 5, 6 and 7). A comprehensive landscape plan has also been prepared for the project that will comply with current code requirements. New landscaping, consisting of a combination of trees, shrubs and ground cover, will be installed within all existing planters that remain. Further, additional landscape planters will be provided throughout the site to bring the parking lot into compliance with code (Exhibit 8). Public Outreach The church is not a new facility and has been operating at this location since 1961. The representatives of the church have contacted the representatives of the neighborhood association near the church to discuss the proposed project. The neighborhood representatives expressed potential concerns regarding traffic impacts. As discussed in the section labeled "General Project Features and Square Footage Analysis," the project is primarily replacing a facility which previously existed on the site and does not represent a significant increase in square footage over that which exists today. As such, the project is not expected to generate a significant increase in traffic or a new need for parking. In addition, as discussed in the section labeled "Parking Analysis," the project will exceed the minimum parking requirement. 31A-5 Conditional Use Permit No. 2010-24 Variance No. 2010-04 January 24, 2011 Page 4 In addition to this outreach, public notices of tonight's meeting were mailed to all property owners within a 500 foot radius of the project site and notices were published in the newspaper. Staff has received one phone call and no written communications regarding this item. Conditional Use Permit The Santa Ana Municipal Code (SAMC) provides for the regulation of churches and accessory church buildings subject to a conditional use permit in the Single Family Residence (R-1) zoning district. The purpose of regulating church uses is to preserve the quality of the residential character of the existing neighborhood and to minimize impacts to surrounding areas. Section 41-682 of the SAMC states that "nonconforming buildings that are damaged or partially destroyed by fire, flood, wind ...or similar occurrence, may be rebuilt provided the cost of restoration does not exceed the buildings fair market value prior to the date of damage." However, since a new structure will be built on the site, and the new structure will be larger than the previously approved facility, the church is required to obtain a new conditional use permit. As proposed, the project meets the City's parking and landscaping requirements and complies with the provisions of Santa Ana Municipal Code (Zoning Code/Chapter 41) that are applicable to a church. The sanctuary, multi-purpose room and offices result in a total parking requirement of 104 parking spaces while 109 spaces are proposed. Access to the site will be taken primarily from one existing driveway and a new driveway on McFadden Avenue. Although the additional square footage at this location will increase the usage of the site, adequate on-site parking, additional landscaping and conditions of approval have been added to limit any potential impacts to the residential uses nearby. Additionally, the proposed church, multi-purpose room and office uses will allow the church the ability to provide an additional service to its congregation and the surrounding community. The proposed expansion supports several goals and policies of the General Plan including Policy 5.1 of the Land Use Element which encourages development which has a net benefit to the community and Policy 1.8 of the Land Use Element which encourages the development of non-profit recreational facilities and services. Variance The SAMC also regulates the height of buildings in the R-1 zoning district. The purpose of regulating building height is to preserve the quality of the visual environment by ensuring that new development is harmonious in scale and character with existing development in the area. In this case the applicant is requesting to erect a 62-foot tall bell tower and steeple as a defining feature that exceeds the maximum height allowed. The applicant proposes to install the church bell tower and steeple at the front of the structure along its primary entrance on McFadden Avenue. The 31A-6 Conditional Use Permit No. 2010-24 Variance No. 2010-04 January 24, 2011 Page 5 proposed tower and steeple is mirrored in smaller steeples elsewhere on the building, all of which create character defining features supportive of its modern Gothic architectural theme. These features are found on similarly-themed buildings and church structures. Section 41-233 of the SAMC establishes the maximum height of buildings to 27 feet and two stories in height in the R1 zone. The SAMC also provides for the ability to vary from the design standards contained in the code where there is a condition unique to size, shape, topography, location or surroundings of the site. In this case there are two features of the subject site that would warrant a variance from the regulation of the maximum height of buildings; the location of the facility along a Secondary Arterial Street and the unique contextual surroundings of similar sized buildings on the adjacent property. The following outlines the unique challenges that each of these circumstances creates. The project site is an interior lot located along McFadden Avenue, a secondary arterial street as defined by the Circulation Element of the General Plan. Additionally, the site shares its easterly property line with the Forty Martyrs Armenian Apostolic Church that has a 75-foot high church tower constructed in 1984. Although the site shares its westerly property line with single family residential uses to the west, the homes are oriented towards smaller residential collector streets which take access from Maxine Street and are located at least 80 feet from the proposed church building. To the north, the closest residence would be approximately 280 feet from the proposed structure. Additionally, the St. Barbara's Catholic Church, located just east of the site, also has a large 60- foot tall tower structure built in 2007 that serves as a significant architectural feature. Due to its location on a secondary arterial street and location immediately adjacent to two churches with significant architectural elements that exceed the height standard, the applicant is requesting the ability to construct a similarly sized tower appropriate for the modern Gothic architectural theme of the proposed church building. The tower element will create a sense of arrival and community for the congregation of the Calvary Lutheran Church while maintaining the quality of the surrounding visual environment which is harmonious in scale with surrounding structures in the area. The reconstruction of the Calvary Lutheran Church will complement several provisions of the General Plan. Further, it will allow the construction of a new church facility that will replace one that was damaged by fire. As a result, staff recommends approval of Conditional Use Permit No. 2010-24 and Variance No. 2010-04 as conditioned. 31A-7 Conditional Use Permit No. 2010-24 Variance No. 2010-04 January 24, 2011 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3). 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'(Liex 28786' N00'9006'W ;I (,)P P.. _ f `vXx {ywa (31 3 MITY 31A-24 ROH - 01/24/11 RESOLUTION NO. 2010-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-24 AS CONDITIONED TO ALLOW A CHURCH IN THE SINGLE-FAMILY RESIDENTIAL (R1) ZONING DISTRICT AND VARIANCE NO. 2010-04 AS CONDITIONED TO ALLOW A STRUCTURE THAT EXCEEDS THE MAXIMUM HEIGHT LIMITS IN THE R1 ZONING DISTRICT FOR THE PROPERTY LOCATED AT 5321 WEST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2010- 24 to allow a church in the Single-Family Residential (R1) zoning district and Variance No. 2010-04 to allow a structure that exceeds the maximum height limits in the R1 zoning district for the property located at 5321 West McFadden Avenue. B. Conditional Use Permit No. 2010-24 and Variance No. 2010-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 24, 2011. C. Santa Ana Municipal Code Section 41-232.5(a) allows churches and accessory church buildings subject to the issuance of a conditional use permit in the R1 zoning district. D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The Calvary Lutheran Church currently provides services that contribute to the well being of the surrounding community. The proposed reconstruction of a building that was damaged by fire and its expansion will allow the church the ability to provide additional religious and services that will continue to benefit the community. As access to the site is from McFadden Avenue, a secondary arterial street, no neighborhood traffic impacts will be generated. 31A-25 Resolution No. 2010-24 Page 1 of 5 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The church and church expansion will not negatively impact residents or workers in the area since the church and related programs operate exclusively on a site that is surrounded by walls and fences. Further, the 109 parking spaces to be provided on the site will satisfy the parking requirements for all church operations and will not result in any impacts on the adjacent properties. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The church expansion project will not adversely affect the economic viability of the area. The expansion project will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The Calvary Lutheran Church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate church uses. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed church use is consistent with the General Plan's Land Use Element policies to encourage the development of nonprofit facilities and services as well as promote uses that provide a positive contribution to neighborhood character and identity. E. Variance No. 2010-04 has been filed with the City of Santa Ana seeking to construct a sixty-two (62) feet tall bell tower and steeple in the R1 zoning district. Santa Ana Municipal Code Section 41-233 establishes the maximum height of buildings to twenty-seven (27) feet and two (2) stories in height in the R1 zoning district. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at 31A-26 Resolution No. 2010-24 Page 2 of 5 variance with the intent and purpose of the provisions of this chapter. Due to the unique location along a busy secondary arterial street and contextual setting immediately adjacent to similarly sized buildings, denial of the variance would deprive the property owner the privilege of utilizing the facility to its maximum potential and ensure the privileges for its patrons. Unlike traditional residential lots, the property is located along a major corridor and surrounded by uses and other buildings of similar use and scale. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance would allow the property owner the opportunity to install a church tower as found on similar architectural themed buildings and church structures in the immediate area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed church tower will be consistent with the modern gothic architectural theme and materials found on the project site and nearby properties. The height and appearance of the tower will blend with the existing building and landscaping and will not be materially detrimental to the public welfare or injurious to surrounding property. The tower will be setback substantially from nearby properties and will not interfere with the safety of pedestrians or motorists entering or exiting the site. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Low Density Residential (LR-7) allows churches and accessory structures in the land use designation. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3). This general rule exemption applies to any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Environmental Review No. 2008-101 will be filed for this project. Resolution No. 2010-24 31A-27 Page 3 of 5 Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 5321 West McFadden Avenue: 1. Conditional Use Permit No. 2010-24, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a church in the R1 zoning district. 2. Variance No. 2010-04, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a structure that exceeds the maximum height limits in the R1 zoning district ADOPTED this 24th day of January, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney 31A-28 Resolution No. 2010-24 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 24, 2011. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2010-24 31A-29 Page 5 of 5 31A-30 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2010-24 Conditional Use Permit No. 2010-24 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2008-34 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The use at this location is limited to a church and related activities. No thrift shop or full-time school may occur on the premises. 4. There shall be no more than 216 seats or occupancy of the church sanctuary at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. 31A-31 31A-32 EXHIBIT B Conditions for Approval for Variance No 2010-04 Variance No. 2010-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2008-34 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The use at this location is limited to a church and related activities. No thrift shop or full-time school may occur on the premises. 4. There shall be no more than 216 seats or occupancy of the church sanctuary at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. 31A-33 31A-34 REQUEST FOR - COUNCIL ACTION ? T ` CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: LEAGUE OF CALIFORNIA CITIES HEALTHY EATING, ACTIVE LIVING CAMPAIGN ?f_ ?---??.7 / .? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended ? As Amended ? Ordinance on 1?` Reading ? Ordinance on 2rtl Reading (] Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a Resolution of the League of California Cities to become a Healthy Eating, Active Living (HEAL) City. DISCUSSION The Healthy Eating Active Living (HEAL) Campaign is a partnership composed of the League of California Cities, California Center for Public Health Advocacy, and the Cities, Counties and Schools Partnership. The purpose of the HEAL Campaign is to provide training and technical assistance to city officials to adopt policies that improve their community's physical activity levels and enhance nutrition. Staff recommends the City Council adopt the Healthy Eating Active Living Resolution and submit a copy of the resolution to the League of California Cities, California for recognition as a Healthy Eating Active Living City. Specific initiatives and policies that further the goals of a Healthy City will be brought to the City Council for future consideration. FISCAL IMPACT There is no fiscal impact associated with this action. 55A-1 55A-2 IssO'I/? 8/1 ? RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ADOPT A POLICY ON HEALTHY EATING AND ACTIVE LIVING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The residents of Santa Ana face many challenging health issues including a high rate of obesity, which directly relates to food choices and sedentary lifestyles. B. Ina 2004 study, the California Department of Education found 34.8 percent of Santa Ana youth in the Stn 7tn and Stn grades are overweight or obese. C. The City of Santa Ana is committed to addressing obesity and diabetes-related illness among Santa Ana residents by improving food and physical activity environments. D. The annual cost to California in medical bills, workers compensation and lost productivity due to individuals who are overweight, obese, and physically inactive exceeds $41 billion. E. Supporting the health of residents and the local workforce through prevention policies and programs would decrease chronic disease and health care costs and increase productivity. F. In an effort to fight obesity, improve health outcomes and encourage fitness among youth in Santa Ana, the City has created or joined with several organizations determined to provide healthy food and activity choices for the residents of Santa Ana, including: 1) The Healthy Cities Initiative committee comprised of representatives from non-profits and community organizations directed to pursue healthy alternatives for children and adults. Their focus is on healthy choices at 55A-3 schools, physical activity, and accessible and affordable foods; and 2) Active Living in Santa Ana (ALISA), a coalition of organizations dedicated to increasing opportunities for Santa Ana residents to be more physically active to stay fit and combat Type II Diabetes and Obesity ;and 3) Healthy Eating, Active Communities (HEAC), a program sponsored by The California Endowment that demonstrates how communities can reshape the food and physical activity environment to improve children's health; and 4) Safe and Active Living United District (SALUD), a health and wellness program started by the City in collaboration with neighborhood associations; and 5) Building Healthy Communities Initiative focused on central Santa Ana; and 6) The Healthy Cities Committee, established with participation from Santa Ana residents, which has conducted a survey to identify priority health issues. Section 2. The City Council of the City of Santa Ana hereby adopts this Healthy Eating Active Living Resolution and declares itself a Healthy Eating Active Living City: I. Built Environment. City Agencies responsible for the design, construction and safety of parks, neighborhoods, streets, and business areas, shall make every effort to plan and construct a safe built environment that encourages walking, biking and other forms of physical activity, including; 1) Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources, and retail by developing a bicycle and pedestrian master plan; 2) Assess community needs for increased open space and continue to increase the number of parks in the City, with an emphasis on park poor neighborhoods; 3) Continue its successful joint use agreements and explore expanded possibilities with a range of public entities; 55A-4 4) Establish a no-smoking ordinance to encompass city parks; 5) Implement the recently adopted Transit Code which supports health through its emphasis on walking and biking and reduced vehicle emissions. II. Healthy Food Access. The City Council of the City of Santa Ana encourages the adoption of activities which provide increased access to healthy food choices for its residents, including: 1) Identification of alternatives to improve healthy food options in the community, including the development of community and urban gardens, farmers markets and produce stands; and 2) Recognition for businesses and non-profit organizations that promote a healthy lifestyle; and 3) Provide healthy food options at city meetings, city concession stands and city sponsored events to promote healthy eating and active living wherever possible. III. Youth. The City of Santa Ana will encourage the participation of its youth in healthy activities by taking the following actions: 1) Identifying crime and injury hot spots and developing prevention initiatives; and 2) Promote physical fitness fundamentals through various City sponsored programs such as PAAL and the Library Youth Health Ambassadors, and through programming offered at city parks, joint- use parks, trails and recreation centers. IV. Implementation. The head of each affected agency or department shall report back to the City Council and to the Healthy Cities Committee within twelve months regarding steps taken to implement the Resolution, additional steps planned, and any desired actions by the City Council. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. To the extent permitted by law, this Resolution, and the City Manager's policy, shall apply to existing City vending machine contracts. 55A-5 ADOPTED this day of 201 1 . Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, attached Resolution No. 2011-XXX to be th City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana do hereby attest to and certify the e original resolution adopted by the 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT L:aI2, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1'Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution (1) certifying that the Final Environmental Impact Report (EIR) NO 2011-04 for the San Lorenzo Sewer Lift Station (Exhibit 1); and (a) has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), (b) was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project, and (c) reflects the City of Santa Ana's independent judgment and analysis; (2) adopting the Findings of Fact and Statement of Overriding Considerations, attached to the Resolution as "Exhibit A"; and (3) adopting the Mitigation Monitoring and Reporting Program, attached to the Resolution as "Exhibit B." 2. Conceptually approve the proposed San Lorenzo Sewer Lift Station as described in the Final EIR. DISCUSSION The City has prepared an Environmental Impact Report to evaluate the potential environmental impacts associated with construction and operation of a new sewer lift station at the end of San Lorenzo Avenue, just east of Bristol Street (Exhibit 2). The new sewer lift station would replace an old, out- of date, facility located beneath Bristol Street approximately 700 feet to the west of the proposed site. The new lift station will include new mechanical and electrical equipment, an updated operating system and additional pumps which will greatly reduce the possibility of a major sewage spill. In December 2008, the City prepared a CEQA Initial Study and Mitigated Negative Declaration (MND) for the proposed project. The MND was approved by the City Council on February 2, 2009. Subsequently, the MND was challenged in California Superior Court by an adjacent property owner- Santa Ana California Lodge, LLC. As a result, the Court instructed the City to vacate its approval of the MND and prepare a project EIR. The Draft EIR was developed and circulated for public review and comment from July 14, 2010 through September 10, 2010 (58 days). 55B-1 Resolution Certifying EIR For San Lorenzo Sewer Lift Station And Approval Of Sewer Lift Station Project February 7, 2011 Page 2 As originally proposed, the project would have required condemnation of approximately 292 square feet of private property owned by the Santa Ana California Lodge, LLC. However, the City has identified minor modifications to the proposed Project's design that will avoid the need for condemnation of private property. As described in the Final EIR, the reconfigured facility will maintain an approximate five-foot separation from the parcel owned by the Lodge and would thereby avoid the need for the condemnation. The proposed changes are minor in nature and do not warrant recirculation of the Draft EIR pursuant to CEQA. Therefore staff recommends that the City Council adopt the resolution certifying the Final Environmental Impact Report for the San Lorenzo Sewer Lift Station and approve the project as described in the Final EIR. Attached as Exhibit 3 is the Final EIR Summary Section and the responses to the comments received. Copies of the Final EIR are available for public review at the City Clerk's Office and at the Public Works counter on the first floor of the Ross Annex. ENVIRONMENTAL IMPACT The Final Environmental Impact Report (FEIR) has been prepared in accordance with CEQA. Virtually all of the significant environmental impacts associated with this project are temporary impacts that occur due to construction activities and can be mitigated to below the level of significance. The one significant long-term impact identified was the possibility of odors emanating from the lift station and impacting sensitive receptors. However, this potential impact is reduced to "less than significant" by incorporating an odor control system into the lift station design. The EIR only identified one significant impact that could not be mitigated below the level of significance: Traffic disruption due to lane closures on Segerstrom Avenue and Bristol Street. This impact is a near-term impact and would only occur during five weeks of the construction schedule. As required by CEQA, the City has prepared specific findings on each significant impact of the proposed project, the mitigation measures for those impacts, and a Statement of Overriding Considerations explaining the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact. 55B-2 Resolution Certifying EIR For San Lorenzo Sewer Lift Station And Approval Of Sewer Lift Station Project February 7, 2011 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Rau odinez II Executive Direct Public Works Agency RG/SW Exhibit: 1 - Resolution Exhibit A - Findings of Fact and Statement of Overriding Considerations Exhibit B - Mitigation Monitoring and Reporting Program Exhibit 2 - Location Map Exhibit 3 - Final EIR Summary Section and Response to comments 55B-3 55B-4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION PROJECT, ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts of the San Lorenzo Sewer Lift Station Project (Project No. 06-3510), which would upgrade and replace an existing sewer lift station located generally near the intersection of South Bristol Street and West Segerstrom Avenue. B. In compliance with CEQA and CEQA Guidelines Sections 15063 and 15082, the City prepared an Initial Study and Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR), which was distributed to the Office of Planning and Research, all responsible and trustee agencies and other interested parties on April 12, 2010. C. In compliance with CEQA and CEQA Guidelines Sections 15087, the City provided public notice of the availability of the Draft EIR and sent a notice of completion to the Office of Planning and Research on July 14, 2010, which began a 44-day review period, ending on August 27, 2010. On August 30, 2010, the City extended the review period for an additional 14 days, until September 10, 2010, for a total review period of 58 days. D. The City prepared a Final EIR, which includes all comments and recommendations received on the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, the City's written responses to significant environmental points raised in the review and consultation process, the Draft EIR and revisions to the Draft EIR. E. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten (10) days prior to certification of the EIR. F. The City Council of the City of Santa Ana fully considered this matter, and all public testimony, written and oral, at its regularly scheduled meeting of February 7, 2011. 55B-5 G. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the San Lorenzo Sewer Lift Station Project, including an explanation of the rationale for each finding. H. The San Lorenzo Sewer Lift Station Project will have one significant transportation/traffic impact that cannot be mitigated to below the level of significance. 1. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the San Lorenzo Sewer Lift Station Project outweigh the significant and unavoidable impact identified in the EIR. J. The City has prepared a Mitigation, Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15087 to ensure compliance with the mitigation measures identified in the EIR during project construction, implementation and operation. K. All attached documents, including the Final EIR, the MMRP, the findings and statement of overriding considerations, the Request for Council Action dated February 7, 2011, and the record of proceedings are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana further finds, determines, and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A." C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B." D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. 55B-6 Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the San Lorenzo Sewer Lift Station Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.4(c)(2) and Title XIV, CCR §753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: PERSON, City Attorney By: PERSON Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Resolution No. 2011- City of Santa Ana on Date: Clerk of the Council, do hereby attest to and certify the attached - to be the original resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 55B-7 55B-8 SAN LORENZO LIFT STATION PROJECT (SCH No. 2010041028) Findings of Fact/ Statement of Overriding Considerations Prepared for: The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by: T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 February 2011 EXHIBIT A 55B-9 Contents Section Page ChapterI -Introduction ...........................................................................................1-1 Chapter 2 - CEQA Findings .......................................................................................2-1 2.1 Introduction ................................................................................................... 2-1 Chapter 3 - Findings Regarding Project Alternatives ............................................. 3-1 3.1 Introduction ................................................................................................... 3-1 3.2 Project Objectives ........................................................................................ 3-1 3.3 Selection of Alternatives ............................................................................. 3-1 3.4 Project Alternative Findings ........................................................................ 3-2 3.4.1 No Project Alternative ...................................................................... 3-2 3.4.2 Modified Construction Configuration C.2 Alternative ................ 3-4 3.4.3 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR ....................... 3-5 3.4.4 Additional Findings ........................................................................... 3-7 Chapter 4 - Statement of Overriding Considerations ............................................ 4-9 4.1 Introduction ................................................................................................... 4-9 4.2 Unavoidable Significant Adverse Impacts ............................................... 4-9 4.3 Overriding Considerations ........................................................................ 4-10 4.3.1 Project Benefits ............................................................................... 4-10 San Lorenzo Lift Station EIR (Project No. 06-3510) i Findings of Fact/Statement of Overriding Consider 58)3-10 Chapter 1 - Introduction The City of Santa Ana (City) adopts the following Findings of Fact in connection with the San Lorenzo Lift Station Project (Project). Such Findings must be adopted by the City pursuant to the requirements of Section 21081 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and Section 15091 of the State CEQA Guidelines (CEQA Guidelines) (14 Cal. Code Regs. §15000 et seq.) prior to approval of a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects. The City also adopts the Statement of Overriding presented in Chapter 4 of this document, which provides the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact. This document is organized as follows: Chapter 1 Introduction to the Findings of Fact and Statement of Overriding Considerations. Chapter 2 CEQA Findings of Fact regarding the significant environmental impacts of the Project and the mitigation measures for those impacts identified in the Environmental Impact Report (EIR) prepared for the Project and adopted as conditions of approval. Chapter 3 Findings regarding the alternatives to the Proposed Project evaluated in the EIR and the reasons that such alternatives were rejected or accepted. Chapter 4 Statement of Overriding Considerations explaining the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact. Brief Proiect Description The San Lorenzo Lift Station project area is located at the western terminus of San Lorenzo Avenue, immediately north of West Segerstrom Avenue and south of an existing alley. The sewer lift station would replace the existing Segerstrom Lift Station, which is located beneath South Bristol Street approximately 700 feet to the west of the new lift station site. As described in Section F.2 of the Final EIR, Revisions to the Proposed Project, minor revisions have been incorporated into the design of the proposed San Lorenzo Lift Station facility. Specifically, in response to objections from an adjacent property owner regarding the Project's proposal to condemn approximately 292 s.f. of privately-owned property, the City has redesigned of the proposed facility so as to avoid the need for condemnation of privately owned land. As depicted in Final EIR Error! Reference source not found., Conceptual Revised Lift Station Site Plan, and Error! Reference source not found., Originally Proposed and Conceptual Revised Lift Station Site Plan, the proposed lift station facility would continue to be constructed at the west end of San Lorenzo Avenue, but would be constructed along the southern alignment of San Lorenzo Avenue and San Lorenzo Lift Station EIR (Project No. 06-3510) 1-1 Findings of Fact/Statement of Overriding Considers tb _ 11 parallel to West Segerstrom Avenue rather than at the west end of San Lorenzo Avenue that abuts the Studio Inn property (refer to Error! Reference source not found.). San Lorenzo Lift Station EIR (Project No. 06-3510) 1_2 Findings of Fact/Statement of Overriding Consider b _ 12 Chapter I Introduction The Project will consist of a newly constructed lift station that will be housed within a block structure. The following facilities will be installed within or beneath the block structure: electrical panels and control center; a below-ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below-ground dry well to house the pumps, motors, associated equipment and appurtenances; a gravity odor control system; and a stairway access into the dry well. Landscaping and hardscape improvements are included as part of the new lift station. The Project includes the repaving of a portion of the western end of San Lorenzo Avenue, portions of an existing alley, and a portion of West Segerstrom Avenue, along with the installation of new sidewalks in areas where existing sidewalks have fallen into a state of disrepair and/or will be demolished during lift station construction. Some existing landscaping along West Segerstrom Avenue will remain. The Project also includes the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15-inch gravity sewer pipe; approximately 190 linear feet of 12-inch gravity sewer pipe; approximately 545 linear feet of 10-inch force main; and sewer manholes and appurtenances. Construction of these new facilities will occur beneath the paved rights-of-ways of South Bristol Street and West Segerstrom Avenue. The new infrastructure will be needed to connect several existing sewer mains to the new proposed San Lorenzo Lift Station. After construction of the San Lorenzo Lift Station is complete and the new subsurface sewer pipes and manholes are installed, the new lift station will move effluent through the station and into gravity sewer lines, which will convey the sewerage to the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1, located in the City of Fountain Valley adjacent to the Santa Ana River. Effluent will continuously flow through the San Lorenzo Lift Station and will not be stagnant. The new lift station will replace the Segerstrom Lift Station and will not increase the capacity of the City's existing sewer system. The new lift station facility will be constructed with odor control devices and the City will regularly monitor the facility to ensure it is functioning properly. After the new San Lorenzo Lift Station has been constructed and is in operation, demolition of the existing Segerstrom Lift Station will occur. Demolition activities will involve abandonment in place of the existing lift station, including the removal and disposal of all lift station equipment and filling of the existing wet well manhole with sand. An existing generator, located southerly of the existing lift station, will remain in place and will serve as a back-up power source for the proposed new San Lorenzo Lift Station. Some removal and replacement of existing sidewalk and roadway pavement will occur in association with proposed demolition activities. Demolition of the existing Segerstrom Lift Station will occur in conformance with all applicable federal, state, and local regulations and standards. Resurfacing of roadway segments disturbed by Project construction will occur. CEOA Compliance As described in Section 1.3.1 of the Draft EIR, the City originally prepared and processed a Mitigated Negative Declaration (MND) for the proposed Project in December 2008. The MND and was adopted by the City Council on February 2, 2009. However, the MND was challenged in California Superior Court by an adjacent property owner, and the Court ordered the lead agency to vacate its approval of the MND and required preparation of a project EIR. The City published a San Lorenzo Lift Station EIR (Project No. 06-3510) 1-1 Findings of Fact/Statement of Overriding Consider658 _ 13 Chapter 1 Introduction Draft EIR for the Project on July 14, 2010. The key procedural actions related to the Proposed Project and CEQA to date include: • Circulate Initial Study/Notice of Preparation of a Draft EIR: April 12, 2010 through May 12, 2010 (30 days); • Provide Notice of Availability of the Draft EIR, file Notice of Completion (NOC) with the Office of Planning and Research and circulate Draft EIR for Public Review: July 14, 2010 through September 10, 2010 (58 days); and • Prepare Final EIR, including all comments and recommendations received on the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, the City's written responses to significant environmental points raised in the review and consultation process, the Draft EIR and revisions to the Draft EIR. San Lorenzo Lift Station EIR (Project No. 06-3510) 1_2 Findings of Fact/Statement of Overriding Consider668 - 14 Chapter 2 - CEQA Findings 2.1 Introduction This chapter presents the impacts that were identified in the EIR and the findings that are required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for each significant adverse impact are as follows: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR ("Finding I"). 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency ("Finding 2"). 3. Specific economic, social, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives in the EIR ("Finding 3"). CEQA requires that the Lead Agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur as a result of a project. Project modification or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (State CEQA Guidelines §15091(a)[2],[3]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines Section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors [Goleta II] [1990] 52 Cal.3d 553, 565 [276 Cal. Rptr. 410].) Only after fully complying with the findings requirement can an agency adopt a Statement of Overriding Considerations (Citizens for Quality Growth v. City of Mount Shasta [1988] 198 Cal.App.3d 433, 442, 445 [243 Cal. Rptr. 727]). CEQA requires the Lead Agency to state in writing the specific rationale to support its actions based on the Final EIR and/or information in the record. This written statement is known as the Statement of Overriding Considerations. The Statement of Overriding Considerations provides the information that demonstrates the decision making body of the Lead Agency has weighed the benefits of the project against its unavoidable adverse effects in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." The California Supreme Court has stated that, "the wisdom of approving any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta II, 52 Ca1.3d 553, 576 [276 Cal. Rptr. 401]). San Lorenzo Lift Station EIR (Project No. 06-3510) 2_1 Findings of Fact/Statement of Overriding Consider 68 _ 15 Chapter 2 CEQA Findings Table 2-1, CEQA Findings, summarizes the significant impacts of the Project that will be reduced to less-than-significant levels with mitigation as well as its significant and unavoidable impacts. The City hereby finds that impacts associated with the issue areas of Hazards/Hazardous Materials, Utilities/Service Systems, and Water Quality/Hydrology are less than significant based on the explanation and analysis included in Draft EIR Chapters 3.2, 3.5 and 3.6, respectively, which it ratifies, adopts and incorporates in these findings. Additionally, within the issues areas of Air Quality, Noise, and Transportation and Traffic, numerous impacts were evaluated and determined to be below the threshold of significance. With respect to those impacts, the City hereby finds that they are less than significant based on the explanation and analysis included in Draft EIR Chapters 3.1, 3.3 and 3.4, respectively, which it ratifies, adopts and incorporates in these findings. In addition, the City finds that impacts to the following issue areas would not occur as a result of the Proposed Project: Aesthetics; Agricultural Resources; Biological Resources; Cultural Resources; Geology/Soils; Land Use/Planning; Mineral Resources; Population/Housing; Public Services; Recreation; and Utilities/Service Systems (except for wastewater). This finding is based on the explanation and analysis included in Initial Study prepared for the Project, which the City ratifies, adopts and incorporates in these findings. Additional facts that support the findings are set forth in the Final EIR, the staff report to the City Council, and the record of proceedings. Key discussions that support the Findings from the Final EIR are summarized in the "Evidence/Rationale Supporting Finding" column of Table 2-1. However, other evidence may be contained in the overall record of the project to further support the finding. In making these findings, the City ratifies, adopts and incorporates the analysis and explanation in the Final EIR, and ratifies, adopts and incorporates in these findings the determinations and conclusions of the Final EIR relating to the environmental impacts and mitigation measures, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. The documents and other materials that constitute the record of proceedings on which the Project findings are based are located at the City of Santa Ana Public Works Agency, 200 South Daisy Avenue, Corporate Yard, MS 85, Santa Ana, California, 92703. The custodian for these documents is Steve Worrall, Senior Civil Engineer. This information is provided in compliance with Public Resources Code §21081.6(a)(2) and CEQA Guidelines §15091(e). 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C}AY o w 0 o a0 c ° . cc Chapter 3 - Findings Regarding Project Alternatives 3.1 Introduction The EIR prepared for the San Lorenzo Sewer Lift Station Project considered numerous alternatives to the Proposed Project and ultimately analyzed two (2) of these alternatives in detail. This chapter describes the Project's objectives and design criteria used to develop and evaluate the project alternatives presented in the Draft EIR. A description of the alternatives compared to the Proposed Project and the findings regarding the feasibility of adopting the described alternatives are presented below. 3.2 Project Objectives The project objectives of the proposed San Lorenzo Sewer Lift Station Project are as follows: • To construct a new sewage lift station (the San Lorenzo Lift Station) near the intersection of South Bristol Street and West Segerstrom Avenue to replace an existing lift station that has exceeded its design life (the Segerstrom Lift Station). • To install modern lift station equipment and associated wastewater conveyance infrastructure to provide system redundancies in order to reduce the potential of a sewer spill. • To provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding). • To construct a lift station facility that provides sufficient access space for maintenance of the lift station facility. • To improve safety for both motorists and City workers by providing for an above-ground lift station facility located outside of existing roadway rights-of-way. • To minimize odor-related nuisances to land uses in close proximity to the new sewage lift station through the installation of a gravity odor control system. • To install landscape and hardscape improvements in areas that will be disturbed by lift station construction. • To safely demolish and abandon the existing Segerstrom Lift Station in accordance with applicable federal, state, and local regulations and standards. 3.3 Selection of Alternatives The Draft EIR evaluated two (2) alternatives, including the No Project Alternative, in Chapter 5.0. This evaluation compared the environmental advantages and disadvantages of each alternative to the Proposed Project. The No Project Alternative, as required by CEQA, considers a scenario in which no new lift station facility would be constructed and the existing lift station north of the South Bristol San Lorenzo Lift Station EIR (Project No. 06-3510) 3-1 Findings of Fact/Statement of Overriding Consideration _2 Chapter 3 Findings Regarding Project Alternatives Street/West Segerstrom Avenue intersection would continue operating as it does under existing conditions. The Modified Construction Configuration C.2 Alternative addressed an alternative to the Proposed Project that would reduce or eliminate the Project's significant and unavoidable impact to the intersection of South Bristol Street/West Segerstrom Avenue by modifying the construction schedule for portions of construction Phases 11, 14 and 16. The range of feasible alternatives was selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that were taken into account when considering the feasibility of alternatives (as described in CEQA Guidelines Section 15126.6[f][1]) were environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of the Project's objectives. As stated in Section 15126.6(a) of the CEQA Guidelines, an EIR need not consider an alternative whose effects could not be reasonably identified, whose implementation is remote or speculative, or one that would not achieve the basic project objectives. The analysis includes sufficient information about each alternative to provide meaningful evaluation, analysis, and comparison with the Proposed Project. 3.4 Project Alternative Findings The Lead Agency's findings on each alternative and the rationale behind each finding are set forth below. 3.4.1 No Project Alternative 3.4.1.1 Summary of the No Project Alternative The No Project Alternative is included in the EIR Alternatives analysis (Section 5.4.1) as required pursuant to CEQA Guidelines Section 15126.6(e). The CEQA Guidelines require evaluation of an alternative that considers what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services. The No Project Alternative therefore assumes that the Proposed Project is not approved and the existing Segerstrom Lift Station facility located beneath South Bristol Street would continue operating into the foreseeable future. Construction of a new lift station facility, new underground sewer infrastructure, and sewer manholes and appurtenances associated with a new lift station would not occur under this alternative. The existing lift station facility beneath South Bristol Street would not be demolished under this alternative and would continue operating. No landscape or hardscape improvements would occur under this alternative. 3.4.1.2 Comparison of Environmental Effects The impacts of this alternative were evaluated and compared to those of the Proposed Project. As concluded in the Final EIR, implementation of the No Project Alternative would eliminate all of the Project's near-term construction-related impacts. However, several long-term impacts would increase with implementation of this alternative, including increased impacts to air quality, hazards/hazardous materials, transportation/traffic, and water quality/hydrology. Long-term impacts from noise would be slightly reduced under this alternative due to the increased distance between the existing lift station facility and nearby sensitive receptors. 3.4.1.3 Findings for the No Project Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of the No Project Alternative infeasible. San Lorenzo Lift Station EIR (Project No. 06-3510) 3-2 Findings of Fact/Statement of Overriding Considerations 55B-27 Chapter 3 Findings Regarding Project Alternatives Although the No Project Alternative would avoid all of the Project's near-term construction-related environmental effects, including the Project's significant an unavoidable impact to the intersection of South Bristol Street/West Segerstrom during the implementation of Construction Configuration C.2, this alternative would not meet any of the Project's basic objectives. Specifically: • The No Project Alternative would not result in the construction of a replacement lift station to replace the existing lift station that has exceeded its design life. • The No Project Alternative would not allow for the installation of modern lift station equipment and associated wastewater conveyance infrastructure that would provide system redundancies and reduce the potential for sewer spills. • The No Project Alternative would not provide for a replacement lift station facility in which electrical components are housed above ground to preclude the potential for electrical failure during peak storm events, as the existing lift station facility houses all of its electrical equipment underground and is subject to flooding. • The No Project Alternative would not provide for a facility that accommodates sufficient access space for maintenance workers, as the existing facility is located beneath the crown of South Bristol Street and affords very little space for maintenance workers. • The No Project Alternative would not improve safety for motorists and City workers, as the existing lift station is located within the right-of-way of South Bristol Street, a major City thoroughfare. • The No Project Alternative would not reduce the potential for odor-related nuisances to land uses in close proximity to the facility, as no new odor-control systems would be installed. • The No Project Alternative would not provide for hardscape and landscape improvements and would not result in the demolition of the existing outdated facility. As a result of its inability to meet the basic project objectives, the No Project Alternative would eliminate the opportunity to provide the numerous benefits of the Proposed Project, as set forth in the Statement of Overriding Considerations, including the installation of a replacement lift station facility that reduces the potential for sewer spills and nuisance odors; enhanced City worker and vehicular safety; improved appearance of the immediate area (i.e., hardscape/landscape improvements); and the provision of a generally more reliable and efficient lift station facility as compared to the existing facility. Additionally, the No Project Alternative would generally increase impacts to the environment under long-term conditions as compared to the Proposed Project. Specifically, the existing Segerstrom Lift Station facility was originally constructed in the 1960s and has exceeded its design life. The existing lift station facility has become inadequate to handle existing sewerage flows and is obsolete in comparison to modern lift station designs. Needed redundancies associated with the existing lift station are inadequate in that two pumps are frequently operated near capacity without a third standby pump. These conditions result in an increased potential for sewer spills as compared to the Proposed Project. With the increased potential for sewer spills under long-term conditions, impacts to air quality (odors), hazards/hazardous materials, and water quality/hydrology would increase. Additionally, since the existing lift station is located within the northbound travel lanes of South Bristol Street, long-term maintenance of the existing facility would result in periodic lane closures along South Bristol Street, which would result in increased impacts to traffic and air quality. San Lorenzo Lift Station EIR (Project No. 06-3510) 3-3 Findings of Fact/Statement of Overriding Considerations 55B-28 Chapter 3 Findings Regarding Project Alternatives In conclusion, the City finds that the No Project Alternative would fail to meet the Project's basic objectives and would result in an increase in long-term impacts to the environment, and therefore rejects the No Project Alternative as infeasible. 3.4.2 Modified Construction Configuration C.2 Alternative 3.4.2.1 Summary of the Modified Construction Configuration C.2 Alternative The Modified Construction Configuration C.2 Alternative (analyzed in Draft EIR Section 5.4.3) would incorporate a modified construction schedule for the five (5) weeks in which Construction Configuration C.2 would need to be in place. Specifically, under this alternative traffic control measures associated with Construction Configuration C.2 would be restricted to between the hours of 6:45 p.m. and 7:00 a.m. instead of allowing for 24-hour lane closures as proposed by the Project. All other aspects of construction activities would be identical to the Proposed Project, and there would be no change to the long-term operational characteristics of the facility under this alternative. 3.4.2.2 Comparison of Environmental Effects Implementation of this alternative would reduce and eliminate the Project's near-term significant and unavoidable construction-related impact at the intersection of South Bristol Street/West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). However, because construction activities associated with Construction Configuration C.2 would be modified to occur in the nighttime, between the hours of 6:45 p.m. and 7:00 a.m., a significant and unavoidable noise impact would result due to the exposure of nearby sensitive receptors to noise levels in excess of the City's Noise Ordinance standards. Impacts related to air quality/greenhouse gas emissions, hazards/hazardous materials, utilities/service systems, and water quality/hydrology would be similar to the proposed Project's impacts during construction. During long-term operation of the proposed facility, all impacts would be the same under both the Modified Construction Configuration C.2 Alternative and the proposed Project. 3.4.2.3 Findings for the Modified Construction Configuration C.2 Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of the Modified Construction Configuration C.2 Alternative infeasible. Although the Modified Construction Configuration C.2 Alternative would avoid the Project's significant and unavoidable construction-related impact at the intersection of South Bristol Street/West Segerstrom Avenue, it would result in significant and unavoidable noise impacts because construction activities would be required to occur during nighttime hours to allow sufficient time to set up and remove traffic control measures. Such nighttime construction activities would invariably result in significant noise levels that would impact nearby sensitive receptors, including residents of the nearby apartments and the Studio Inn Hotel. Such noise levels would exceed the City's Noise Ordinance requirements for nighttime noise levels, and would result in a significant and unavoidable impact to noise. As discussed in EIR Section 3.4.7, modifying the timing restrictions for Construction Configuration C.2 so as to allow construction during the daytime while avoiding significant traffic impacts is not feasible. There is insufficient time between 8:00 a.m. and 2:30 p.m. to allow for implementation and San Lorenzo Lift Station EIR (Project No. 06-3510) 3-4 Findings of Fact/Statement of Overriding Considerations 55B-29 Chapter 3 Findings Regarding Project Alternatives removal of traffic control measures while still allowing for construction activities to occur. According to the Project's engineer, such time restrictions would limit construction activities to about 1-2 hours per day before construction activities would need to cease in order to ensure that traffic control is removed by 2:30 p.m. Such time restrictions are considered infeasible from a practical perspective because they would dramatically elongate the construction schedule for construction activities within the intersection from up to 10 days (2 weeks Monday - Friday) to approximately 40-80 days (based on an assumption of one to two working hours per day with traffic control, and approximately 80 working hours needed to complete construction within the intersection). The time restrictions also would elongate the construction schedule for work within South Bristol Street, which would increase from approximately 15 days (3 weeks Monday - Friday) to 60-120 days (based on an assumption of one to two working hours per day with traffic control, and approximately 120 working hours needed to complete the portion of construction within South Bristol Street requiring access to two northbound travel lanes). With an elongated construction schedule of up to 175 days (35 weeks, or nearly 9 months), construction costs would be increased and construction equipment and associated activities would be a nuisance to adjacent land uses for a longer period of time. On balance, the City finds that the reduction in impacts to transportation/traffic that would occur under this alternative do not justify the significant and unavoidable impacts to noise that would result from the nighttime construction activities required for this alternative. 3.4.3 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR In addition to the two alternatives evaluated in the Draft EIR, the Lead Agency considered alternative site locations and two other alternatives. With exception of the No Takings Alternative, all of these additional site locations and alternatives were eliminated from detailed analysis in the EIR either because they did not meet the Project's basic objectives or would fail to reduce or avoid the significant impacts of the Project as proposed. These alternatives are discussed below. 3.4.3.1 Alternative Site Locations Under this alternative, a replacement lift station facility would be constructed at another location within the Project vicinity. Section 5.3.1 of the Final EIR contains a discussion of alternative site locations considered but rejected from detailed analysis in the EIR. In addition, in response to public comments received on the Draft EIR, an analysis of an additional 21 site locations also is provided in the Final EIR (refer to Responses E-111 through E-127 in Section F.3.3 of the Final EIR). The City hereby finds that specific economic, legal, social, technological or other considerations make the adoption of an alternative site location infeasible. Specifically, and as described in detail in Section 5.3.1 and in Responses E-111 through E-127, adoption of an alternative site location would fail to reduce or avoid the Project's significant and unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection during construction. A summary of the analysis and conclusions presented in the Final EIR is provided below. Alternative site locations to the east or west of the proposed San Lorenzo Sewer Lift Station site would require the implementation of Construction Configuration C.2 for a period of up to five weeks during construction, and would result in the same significant and unavoidable impact to the intersection of South Bristol Street/West Segerstrom Avenue that would occur under the Proposed San Lorenzo Lift Station EIR (Project No. 06-3510) 3-5 Findings of Fact/Statement of Overriding Considerations 55B-30 Chapter 3 Findings Regarding Project Alternatives Project. As detailed in the analysis contained in the Final EIR, many of the site locations to the east and west also would result in increased environmental impacts due to an increase in the distance from the existing lift station facility and the need to construct longer lengths of sewer infrastructure as necessary to provide connections between the existing and replacement lift station facilities. Alternative site locations to the south of the South Bristol Street/West Segerstrom Avenue intersection also would require work within the intersection, and would therefore require the implementation of Construction Configuration C.2. In addition, under such an alternative, construction activities would be required to extend across the entire intersection and to the south to the relocated replacement facility, necessitating additional traffic controls affecting both the intersection and the capacity of the roadway segment southerly of the intersection. Based on these considerations, the City finds that an alternative site location to the south would result in increased impacts to transportation/traffic as compared to the Proposed Project. Alternative site locations to the north of the South Bristol Street/West Segerstrom Avenue intersection would avoid the need for construction within the intersection. However, under such an alternative site location, extensive improvements would be required within the right-of-way of South Bristol Street north of the intersection. In order to accommodate appropriate lane transitions during times when construction work is occurring within the right-of-way, Construction Configuration C.2 still would be required to be implemented along with additional lengths of lane closures affecting the capacity of this roadway segment north of the intersection. Accordingly, the City finds that implementation of such an alternative site location would not reduce or avoid the Project's significant and unavoidable impact to the intersection, and would result in an overall increase in the Project's near-term impacts to transportation/traffic. Therefore, the City hereby finds that development of the Proposed Project on alternative site locations would not reduce or avoid the Project's significant and unavoidable impacts to transportation/traffic and could result in increased environmental impacts. For these reasons, alternative site locations are rejected as infeasible. 3.4.3.2 Retrofitted Segerstrom Lift Station Alternative Under this alternative, the City would retrofit and upgrade the existing Segerstrom Lift Station facility rather than constructing a replacement facility in another location. The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of this alternative infeasible. This alternative would fail to meet several of the Project's basic objectives. Specifically, retrofitting of the existing Segerstrom Lift Station would not allow the City to house electrical equipment above-ground. In addition, retrofitting the existing lift station would require upgrades to existing electrical equipment and installation of additional equipment (e.g., a third stand-by pump) as necessary to provide redundancies in the system; the addition of new equipment would further restrict workable space within the facility, and therefore would not meet the Project's objective to "Provide a lift station facility that provides sufficient access space for maintenance of the lift station facility." Moreover, such an alternative would fail to meet the Project's objective to construct a replacement lift station facility located outside of the public rights-of-way so as to minimize potential safety conflicts between motorists and maintenance personnel. Finally, such an alternative would not achieve the Project's objective to construct a new lift station facility, as this alternative would not involve the construction of a new lift station but rather would involve upgrades to the existing facility. San Lorenzo Lift Station EIR (Project No. 06-3510) 3-6 Findings of Fact/Statement of Overriding Considerati Chapter 3 Findings Regarding Project Alternatives 3.4.3.3 No Takings Alternative Under this alternative, the City would redesign the Proposed Project so as to avoid the need for condemnation and acquisition of approximately 292 s.f. of APN No. 410-411-19 (Studio Inn). This alternative was originally rejected from detailed analysis in the Draft EIR because it would fail to reduce or avoid the Project's significant and unavoidable environmental impact to the intersection of South Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 is in place. However, although not required by law, the City evaluated whether a design adjustment could be made to the proposed San Lorenzo Lift Station facility to omit the need for condemnation. As described in Section F.2 of the Final EIR, the City has incorporated minor modification to the Proposed Project's design that would avoid the need for the condemnation of private property in a manner similar to the No Takings Alternative. Specifically, in response to objections from an adjacent property owner regarding the Project's proposal to condemn approximately 292 s.f. of privately-owned property, the City has redesigned of the proposed facility so as to avoid the need for condemnation of privately owned land. As depicted in Final EIR Error! Reference source not found., Conceptual Revised Lift Station Site Plan, and Error! Reference source not found., Originally Proposed and Conceptual Revised Lift Station Site Plan, the proposed lift station facility would continue to be constructed at the west end of San Lorenzo Avenue, but would be constructed along the southern alignment of San Lorenzo Avenue and parallel to West Segerstrom Avenue rather than at the west end of San Lorenzo Avenue that abuts the Studio Inn property (refer to Error! Reference source not found.). 3.4.4 Additional Findings 3.4.4.1 Findings Related to Recirculation of the Draft EIR CEQA Guidelines Section 15088.5 describes the conditions under which a Draft EIR that was circulated for public review is required to be re-circulated for additional public review and comment. CEQA Guidelines Section 15088.5 states that new information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: • A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from the others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. • The Revised DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described in Section F.2 of the Final EIR, Revisions to the Proposed Project, minor revisions have been incorporated into the design of the proposed San Lorenzo Lift Station facility. Because the Project as modified would largely be consistent with the project description as studied in the San Lorenzo Lift Station EIR (Project No. 06-3510) 3-7 Findings of Fact/Statement of Overriding Considero _3 Chapter 3 Findings Regarding Project Alternatives Draft EIR (with the exception of minor design changes to remove the need for condemning private property), its environmental impacts will be identical to those described and analyzed in the Draft EIR. Therefore, no revisions to any of the environmental impact analyses provided in Chapter 3.0 of the Draft EIR, Environmental Analysis, were necessary. The modified Project design would result in the same degree of impacts as stated in the Draft EIR, and all mitigation measures identified in the Draft EIR would continue to apply to the modified Project. There would be no new significant impacts and no increase in the severity or degree of any impacts that were disclosed in the Draft EIR. Therefore, the project modifications do not warrant recirculation of the Draft EIR pursuant to the criteria listed above and set forth in CEQA Guidelines Section 15088.5. As indicated in the responses to public comment letters provided in Section F.3 of the Final EIR, Responses to Comments, no comments were received on the Draft EIR that warrant revision to the analysis of the Project's impacts to the environment. In addition, and in consideration of all comment letters received by the City, no new significant environmental impacts were identified that were not already identified by the Draft EIR. The Final EIR also does not identify any increases in the severity of any environmental impacts that were disclosed in the Draft EIR. The Final EIR does not identify any new environmental impacts or increases in the severity of environmental impacts; therefore, no new mitigation measures are required beyond those that were disclosed in the Draft EIR. In addition, public comment letters on the Draft EIR did not identify any alternatives to the proposed Project that would substantially lessen the significant environmental impacts of the proposed Project, as all feasible alternatives would result in significant and unavoidable short-term Transportation/Traffic impacts at the intersection of West Segerstrom Avenue/South Bristol Street due to the need for construction activities within the intersection. Finally, the City of Santa Ana finds that the Draft EIR was comprehensive and thorough, and was sufficient to provide the public with meaningful opportunities to comment. Based on the foregoing, the City of Santa Ana has determined that recirculation of the Draft EIR is not warranted according to the guidance set forth in Section 15088.5 of the State CEQA Guidelines. San Lorenzo Lift Station EIR (Project No. 06-3510) 3-8 Findings of Fact/Statement of Overriding Considerations 55B-33 Chapter 4 - Statement of Overriding Considerations 4.1 Introduction Section 15093 of the CEQA guidelines states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. This Statement of Overriding Considerations describes the anticipated economic, social, and other benefits or other considerations of the Project to support the decision to proceed with the Project even though not all of the identified impacts are mitigated to a less-than-significant level. 4.2 Unavoidable Significant Adverse Impacts Even with mitigation measures identified in the Final EIR for the Project, the following significant impact is unavoidable because no feasible mitigation is available to further reduce the impact to a less-than-significant level. Refer to Chapter 2, CEQA Findings, for further clarification regarding the impact listed below. Transportation/Traffic Impacts to Intersection Operations During Implementation of Construction Configuration C.2 under Transportation/Traffic Threshold 1: Implementation of Construction Configuration C.2, which would occur on a 24-hour basis for up to a total of five weeks, would result in deficient levels of service at the intersection of South Bristol Street/West Segerstrom Avenue between the hours of 7:15 a.m. to 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This impact is considered a near-term impact, and would only occur during the five weeks of construction during which Construction Configuration C.2 would be in place. Mitigation Measures MM 3.4-3 and MM 3.4-5 have been imposed on the Project and will reduce, to the maximum feasible extent, the Project's impacts to this intersection. However, the only way to completely avoid this impact would San Lorenzo Lift Station EIR (Project No. 06-3510) 4-9 Findings of Fact/Statement of Overriding Consider 58b-34 Chapter 3 Findings Regarding Project Alternatives be to prohibit traffic control measures during peak hours. Prohibiting traffic control measures is not technically feasible due to the extent of required improvements and associated traffic control measures. Accordingly, the City found that this impact is significant and unavoidable. 4.3 Overriding Considerations The City hereby finds that economic, legal, social, technological or other benefits of the Proposed Project outweigh the significant and unavoidable impacts identified in the EIR. In making this finding, the City has balanced the benefits of the Project against its unavoidable significant impact and has indicated its willingness to accept that adverse impact. The Santa Ana City Council finds that the following benefits of the Proposed Project warrant approval of the Proposed Project notwithstanding its significant, unavoidable environmental impact. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible alternatives to the Project discussed above, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the proposed Project against the its significant and unavoidable impact, the City hereby finds that its benefits outweigh and override its significant unavoidable impact for the reasons stated below. Each benefit set forth below constitutes an overriding consideration warranting approval of the Project, independent of the other benefits, despite the Project's unavoidable impact. 4.3.1 Project Benefits 1. The construction and operation of a lift station facility facilitates a public need for the conveyance and treatment of wastewater generated in this portion of the City, and the Project is necessary to ensure the City's continued ability to provide for this essential public service. 2. The Project will provide for a new replacement lift station incorporating modern equipment and additional redundancies that will reduce the potential for sewer spills in the local area as compared to existing conditions. 3. The Project will provide for a new lift station facility that houses electrical equipment above ground, thereby reducing the potential for power failures during peak storm events as compared to the existing condition. 4. The Project will enhance the safety of City maintenance personnel by providing for a replacement lift station that is located outside of the rights-of-way of major thoroughfares and that provides ample working space to conduct maintenance activities. 5. The Project will reduce long-term impacts to transportation/traffic and will improve vehicular safety by eliminating the need for lane closures during routine maintenance of the lift station facility, which is required under existing conditions. 6. The Project will incorporate modern odor control equipment that will reduce the potential for exposing nearby sensitive receptors to objectionable odors as compared to existing conditions. 7. The Project will provide for landscape and hardscape improvements that will enhance the appearance of the Project area. San Lorenzo Lift Station EIR (Project No. 06-3510) 4-10 Findings of Fact/Statement of Overriding Consideration 5513-35 55B-36 SAN LORENZO LIFT STATION PROJECT ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Prepared for. The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by: T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 February 2011 EXHIBIT B 55B-37 Mitigation Monitoring and Reporting Program 1.1 Introduction This document reflects the Mitigation Monitoring and Reporting Program (MMRP) requirements of Public Resources Cod (PRC) Section 21081.6. The California Environmental Quality Act (CEQA) Guidelines Section 15097 states: ...In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. 1.2 Enforcement In accordance with CEQA, the primary responsibility for making determinations with respect to potential environmental effects rests with the lead agency rather than the monitor or preparer. As such, the City of Santa Ana is identified as the enforcement agency for this MMRP. 1.3 Program Modification After review and approval by the lead agency, minor changes to the MMRP are permitted but can only be made by the City of Santa Ana. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the lead agency. 1.4 Mitigation Monitoring and Reporting Program The organization of this MMRP follows the subsection formatting style as presented within the San Lorenzo Sewer Lift Station Environmental Impact Report (EIR). Only those subsections of the environmental issues presented in the EIR that have mitigation measures are provided below in Table 1, Mitigation Monitoring and Reporting Program Matrix. All other subsections in the EIR do not contain mitigation measures. San Lorenzo Lift Station EIR (Project No. 06-3510) MMRP-1 Mitigation Monitoring and Reporting Program 55B-38 c a •O r.. •c O C O M 0 O Z 0 a J 3 H N c C! O J c h U U Y. C% ° cd O O ? U a U a, a. a1 ? -0 3 o O ? •'-? • = •? ci c ` a o o ° 0. ? U U 0. C O ? y U O " O i•. ? .y O cC ? y? . ? N rn O `? C E 'vi U O cC id cd i, p .? cC y U s.. '?"' 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O G N G ° E y to U o ¢ E w a i L .? G w0 O 0 O y L' L¢ cd O? p p ? y 0 O O 0 ' U 00 N v i C Cq cdU C ?" GJ '? C V] _ Y bij w c o °? v . C i.. o Y o° ° ° y . CIS y o y o U o y u In. cd ?' C-0 ux U" M 1 f+ 55B-46 o? a rx 0 M z° 0. N ? O ? 7-. O cu W ? O as r o o o2 ? o c cn 2 ¦ ¦ SAN LORENZO SEWER LIFT STATION O? ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT F.1 INTRODUCTION TO THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) This Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Administrative Code 15000 et seq.). According to CEQA Guidelines Section 15132, the Final EIR shall consist of. a. The draft EIR or a revision of the draft; b. Comments and recommendations received on the draft EIR either verbatim or in summary; c. A list of persons, organizations, and public agencies commenting on the draft EIR; d. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and e. Any other information added by the Lead Agency. This section contains responses to comments received on the Draft EIR for the San Lorenzo Sewer Lift Station Project, City of Santa Ana Project No. 06-3510 (Draft EIR). These comments were received during the public review period, which commenced on July 13, 2010. On August 30, 2010, the City gave notice that it had extended the public review period for the DEIR to September 10, 2010, and all comments provided prior to that date on the DEIR were considered as part of this FEIR. This FEIR document has been prepared in accordance with CEQA and the CEQA Guidelines and represents the independent judgment of the Lead Agency (City of Santa Ana). This FEIR and the circulated Draft EIR comprise the Final Environmental Impact Report for the proposed Project, in accordance with CEQA Guidelines Section 15132. F.2 REVISIONS TO THE PROPOSED PROJECT As discussed in Section 2.3 of the Draft EIR, General Project Description, implementation of the Project as described in the Draft EIR would require the condemnation of approximately 292 square feet of private property owned by the Santa Ana California Lodge, LLC (Studio Inn, APN 410-411-19). As part of the comment letters to the Public Review Draft EIR (refer to Comment Letter E in FEIR Section F.3.3), a comment was received in opposition to the Project's proposal to condemn private property to accommodate the proposed San Lorenzo Lift Station facility (Comment Letter E in Section F.3). Because no environmental impacts would result from condemnation of the 292 s.f. of privately-owned land, the City was not required by CEQA to evaluate any alternatives to the proposed Project that would avoid the need for condemnation of private property (CEQA Guidelines Section 15126.6). However, although not required by law, the City evaluated whether a design adjustment could be made to the proposed San Lorenzo Lift Station facility to omit the need for condemnation. As a result of City's evaluation of the proposed lift station design in response to Comment Letter E, the City has identified minor modifications to the proposed Project's design that would avoid the need for condemnation of private property. The City has determined the minor design modifications are feasible. As depicted on Figure F-1, Conceptual Revised Lift Station Site Plan, and Figure F-2, Originally Proposed and Conceptual Revised Lift Station Site Plan, the proposed lift station facility would continue to be constructed at the west end of San Lorenzo Avenue, but would be constructed along the southern alignment of San PAGE FEIR-1 5t,IT47 ¦¦ SAN LORENZO SEWER LIFT STATION ¦F] ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT Lorenzo Avenue and parallel to West Segerstrom Avenue rather than at the west end of San Lorenzo Avenue that abuts the Studio Inn property (refer to Figure F-2). As shown on Figure F-1, the reconfigured facility would maintain an approximate five-foot separation from privately-owned APN 410-411-19, and would thereby fully avoid the need for the condemnation of private property. With the minor design modification shown on Figure F-1, the facility would consist of one structure measuring approximately 22 feet in length by 18 feet in width in lieu of the 8-foot by 30-foot structure that was described in the Draft EIR. The structure still would be comprised of a block wall structure that would measure up to 17 feet in height, and would be tan in color with brown metal roofing and a simulated Spanish tile pattern. Landscaping improvements at the site still would occur, although no improvements would occur within the 292 square-foot area located on privately-owned APN 410-411-19. All other components of the proposed Project would remain consistent with the descriptions provided in Chapter 2.0 of the DEIR. The Project still would require the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15-inch gravity sewer pipe; approximately 190 linear feet of 12-inch gravity sewer pipe; approximately 545 linear feet of 10-inch force main; and sewer manholes and appurtenances as exactly described in the DEIR (refer to FEIR Figure 2-8). Demolition of the existing lift station also would occur as described in Section 2.3 of the FEIR. All construction activities as described in DEIR Section 2.4, Project Construction Activities, and all operational characteristics of the facility as described in DEIR Section 2.5, Project Operational Characteristics, would still occur as described. In summary, the modified design for the proposed lift station facility would be identical to the description provided in Chapter 2.0 of the DEIR, except for the minor change to the configuration of the site plan as described above. The design change would not change the project's construction or operational characteristics as described by the DEIR. Because the Project as modified and described herein would largely be consistent with the project description as studied in the Draft EIR (with the exception of minor design changes to remove the need for condemning private property), its environmental impacts will be identical to those described and analyzed in the Draft EIR. Therefore, no revisions to any of the environmental impact analyses provided in Chapter 3.0 of the Draft EIR, Environmental Analysis, are necessary. The modified Project design as described herein would result in the same degree of impacts as stated in the Draft EIR, and all mitigation measures identified in the Draft EIR would continue to apply to the modified Project. There would be no new significant impacts and no increase in the severity or degree of any impacts that were disclosed in the Draft EIR. This Section of the FEIR, including Figure F-1, fully discloses the modified design for the proposed Project. No changes were made to DEIR Chapter 2.0, which continues to accurately describe the project and its design configuration as it was proposed at the time the DEIR was circulated for public review. F.3 RESPONSES TO COMMENTS Section 15088 of the CEQA Guidelines requires the Lead Agency (City of Santa Ana) to evaluate comments on environmental issues received from public agencies and interested parties who reviewed the Draft EIR and prepared written comments. This section provides all comments received on the Draft SEIR and the City's responses to each comment. PAGE FEIR-2 55B-48 Q a W H U a Q cZ C Z O Z Q 2 0 LL: Z O .-0 a ix U- ? 0 Z w W Oe z O vi ?I No ¦¦ \ Yll 2 [L m 0 (Y Z Q p U Z \ O o (!1 Z J ( I p Q \ W J J W U1 o ?°?3 a- o0 o pw ?o v) O a? ao n- of o O In a m a 3:, cW U i -_'^- Q p W _j O W or a_m I a_ p I I I 0 O II o w U O Z LL w a ? H 'nom iA V Z O LL N 5 U 2 O U m a 55B-49 O d W h U a Z 2 Z O Z w J z O W Z 0 0 J0? ? U a 0? Zw Op Hz M? ME Z g d W H N Z H N H w Q W W j \ U Z O Z? , O OIX Jl3lld ? ` .? z 0 a N X 7Z ?w ? N ' O a LF r 1 W ? a `--------- - - ----------- 0 N LL_ N N E 55B-50 ¦® SAN LORENZO SEWER LIFT STATION ¦r-] ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT A list of agencies, organizations, and persons that submitted comments on the Draft EIR during the public review period is presented in Table F-1, List of Persons, Organizations, and Public Agencies that Commented on the Draft EIR. Table F-1 List of Persons, Organizations, and Public Agencies that Commented on the Draft EIR Comment Letter Reference Commenting Person, Organization, or Public Agency Department of Toxic Substances Control Date of Comment August 26, 2010 B. Department of Transportation September 8, 2010 C. Orange County Airport Land Use Commission August 26, 2010 D. Irvine Ranch Water District September 8, 2010 E. The Silverstein Law Firm August 27, 2010 F. Orange County Public Works August 27, 2010 G. Native American Heritage Commission Jul 27, 2010 F.3.2 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA Guidelines Section 15204(a) outlines parameters for submitting comments, and notes that the focus of review and comment of Draft EIRs should be: "on the sufficiency of the document in identifying and analyzing possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible... CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or suggested by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. CEQA Guidelines Section 15204(c) further advises that, "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence." Section 15204(d) also notes that, "Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility." Section 15204(e) states that, "This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by [CEQA Guidelines Section 15204]." In accordance with CEQA Guidelines Section 15088(b), copies of the written responses will be provided to commenting public agencies at least ten (10) days prior to certifying the Final EIR. The responses will be provided with electronic copies of this Final EIR, as permitted by CEQA, and will conform to the legal standards established for response to comments on Draft EIRs. PAGE FEIR-5 55B-51 SAN LORENZO SEWER UFT STATION ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT F.3.3 RESPONSES TO COMMENTS ON THE DRAFT EIR Provided in this section are the comment letters received in response to the Draft EIR, along with a response to all substantive comments provided. Comment letters and specific comments are given letters and numbers for reference purposes. No revisions to the Draft EIR text were warranted as a result of comments received on the Draft EIR; accordingly, no revisions to the Draft EIR text are included in this section. PAGE FEIR-6 55B-52 55B-53 55B-54 w ?U Q w z LL z 11 g ::3uj ?a O N z W oc Op No N W w z O y t/1 FU F W J z 2 2 O U L V 4-. '? ? O CIO CA -p 1. W H c? .-+ > O ?+ Q 4° 0. ? . c U 72 fi ?- N a? N U 4 u ? 3? O OO V Q H O p 0, 4-. V •2. C3 Cd 9C Cd O Q co cq O 0. ? • ? t? V) Q "d V] 0 O U .? ? .O ,? C C ON U F" in C E"? U t U CA N v M -? Q .? t0.. 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W Q d. ¦ ¦ SAN LORENZO SEWER LIFT STATION ¦F] ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT F.4 NO RECIRCULATION OF THE DRAFT ENVIRONMENTAL IMPACT REPORT REQUIRED CEQA Guidelines Section 15088.5 describes the conditions under which a Draft EIR that was circulated for public review is required to be re-circulated for additional public review and comment. CEQA Guidelines Section 15088.5 states that new information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: a. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. b. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. A feasible project alternative or mitigation measure considerably different from the others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. d. The Revised DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described in Section F.2 of the Final EIR, Revisions to the Proposed Project, minor revisions have been incorporated into the design of the proposed San Lorenzo Lift Station facility. The proposed changes do not warrant recirculation of the Draft EIR pursuant to the criteria listed above and set forth in CEQA Guidelines Section 15088.5. In addition, with the exception of the minor revisions to the Project's description that are described in Section F.2 of the Final EIR, no revisions to the text or figures of the Draft EIR were warranted as a result of proposed changes to the Project's design. As indicated in the responses to public comment letters provided in Section 0 of the Final EIR, Responses to Comments, no comments were received on the Draft EIR that warrant revision to the analysis of the Project's impacts to the environment. In addition, and in consideration of all comment letters received by the City, no new significant environmental impacts were identified that were not already identified by the Draft EIR. The Final EIR also does not identify any increases in the severity of any environmental impacts that were disclosed in the Draft EIR. The Final EIR does not identify any new environmental impacts or increases in the severity of environmental impacts; therefore, no new mitigation measures are required beyond those that were disclosed in the Draft EIR. In addition, public comment letters on the Draft EIR did not identify any alternatives to the proposed Project that would substantially lessen the significant environmental impacts of the proposed Project, as all feasible alternatives would result in significant and unavoidable short-term Transportation/Traffic impacts at the intersection of West Segerstrom Avenue/South Bristol Street due to the need for construction activities within or that would affect the intersection. As described previously in Section F.2, although a modified project design will be considered by the City for approval, this revised design was not developed for the purpose of reducing or avoiding any of the significant physical environmental impacts identified in the Draft EIR. It was developed for the sole purpose of avoiding the need for condemnation of 292 s.f. of privately owned property, which was objected to in Comment Letter E. PAGE FEIR-91 55B-139 SAN LORENZO SEWER LIFT STATION ENVIRONMENTAL IMPACT REPORT F.O FINAL ENVIRONMENTAL IMPACT REPORT Finally, the City of Santa Ana finds that the Draft EIR was comprehensive and thorough, and was sufficient to provide the public with meaningful opportunities to comment. Based on the foregoing, the City of Santa Ana has determined that recirculation of the Draft EIR is not warranted according to the guidance set forth in Section 15088.5 of the State CEQA Guidelines. PAGE FEIR-92 55B-140 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: RESOLUTION SUPPORTING CITY'S APPLICATION FOR 2010/2011 CAL FIRE URBAN FORESTRY PROGRAM GRANTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting an application for State grant funds through the CAL FIRE Urban Forestry Program to provide additional parkway trees. DISCUSSION The State of California CAL FIRE Agency has allocated grant funds to local, State, and federal governmental agencies and nonprofit organizations to plant trees. A concept proposal requesting $75,000 in grant funds was submitted to the State on September 30, 2010. The concept proposal was ranked high enough to be authorized to provide a final proposal. The resolution authorizes the City to utilize the grant funds, if awarded, for new parkway tree plantings in the Washington Square, Santa Ana Memorial Park, and Delhi neighborhoods. A resolution supporting the application is required for approval. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act the proposed project is exempt from CEQA review per Section 15304, Class 4 exemption as it consists of minor public or private alteration in the conditions of land and water. Categorical Exemption Environmental Review No 2011-06 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. r Raul Godinez II Executive Direc Public Works A RG:DM Exhibit: Resolution 55C-1 55C-2 RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE URBAN FORESTRY GRANT PROGRAM ENTITLED "AN URBAN FOREST FOR EVERY CITY", AS PROVIDED THROUGH PROPOSITIONS 40 AND 84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The people of the State of California State have enacted Propositions 40 and 84, which provide funds to the State of California and its political subdivisions for urban forestry programs. B. The State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program. C. Said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of the application before submission of said application to the State. D. If selected, the City of Santa Ana will enter into an agreement with the State of California to carry out an urban forestry project for the planting of new parkway trees in the Washington Square, Santa Ana Memorial Park and Delhi neighborhoods (the "Project"). Section 2. The City Council of the City of Santa Ana hereby approves the filing of an application for "PROPOSITION 40 and 84" urban forestry grant program funds for the Project. Section 3. The City Council certifies that a) The City has funds available to commence the project; and 55C-3 b) The City will have sufficient funds to operate and maintain the project when complete; and c) Grant funds provided pursuant to Propositions 40 and 84 will be expended prior to March 30, 2013. Section 4. The City Council of the City of Santa Ana appoints the City Manager or the Executive Director of Public Works, to conduct all negotiations and execute and submit all documents, including applications, agreements, amendments and payment requests which may be necessary for the completion of the Project. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: 55C-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: PUBLIC HEARING -AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 1600 EAST FIRST STREET - AZURE PLAZA PARTNERS, LLC, APPLICANT ? ? ?? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED l? As Recommended Q As Amended ? Ordinance on ?sl Reading 0 Ordinance on 2"d Reading Q Implementing Resolution 0 Set Public Hearing For CONTINUED TO . ?o ?J Cy?y_??j-??e'o'1'/? ?''???° -/v Cc% ?BCL arr c,f? ?r+zea.?oa? FILE NUMBER . !`.o?r??rztn fY ,Z-??/// 1 . Adopt an ordinance approving Amendment Application No. 2010-01 . 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2010-01 ; and adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned by a vote of 7:0 to allow a residential care facility for the elderly and change the zoning for a portion of the lot from Single Family Residential (R1) and Multiple Family Residential (R3) to General Commercial (C2) zoning for property at 1600 East First Street (Exhibit A). The Planning Commission added a condition to require the Commission's review and approval of the final landscape plan prior to permit issuance. FISCAL IMPACT There is no fiscal impact associated with this action. Jay .Trevino Executive Director Planning & Building Agency LL:rb LL\raports\pc8za\cup10-15aa 10-01 Azure Plaza.cc Exhibit: A. Planning Commission Staff Report 75A-1 75A-2 REQUEST FOR Planning Commission Action _ g;,Y=;` PLANNING COMMISSION MEETING DATE: -- PLANNING COMMISSION SECRETARY SEPTEMBER 13, 2010 APPROVED TITLE: ? As Recommended PUBLIC HEARING -FILED BY AZURE PLAZA O As Amended PARTNERS, LLC FOR AMENDMENT APPLICATION ? Set Public Hearing For NO. 2010-01 AND CONDITIONAL USE PERMIT DENIED NO. 2010-15 TO ALLOW A RESIDENTIAL CARE ? Applicant's Request FACILITY FOR THE ELDERLY AT 1600 EAST FIRST O Staff Recommendation STREET CONTINUED TO Prepared by LUCy LlnnaUS ? 1? v 1 xecutive Director RECOMMENDED ACTION Recommend that the City Council: Planning Mana?r 1 . Adopt an ordinance approving Amendment Application No. 2010-01. 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. DISCUSSION Request of the Alo?licant Nabile Anz of Azure Plaza Partners, LLC is requesting approval of Amendment Application (AA) No. 2010-01 to change the zoning designation of a portion of the site from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C2). Additionally, the applicant is requesting approval of Conditional Use Permit (CUP) No. 2010-15 to allow the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE) at 1600 East First Street. Proloerty Description The project site is located midblock, just west of the southwest corner of First and Lyon Streets. The site is an L-shaped, flat, 3.13 acre parcel developed with a 10-story, 150-room hotel and a detached single story restaurant constructed in 1971. A total of 182 parking spaces are provided for the site. A 0.49 acre portion of the parcel located towards the southeast corner of the lot is currently undeveloped. The site has three zoning designations: 1.62 acres of the site are zoned General Commercial (C2); 1.02 acres are zoned Single-Family Residence (R1) and 0.49 acres are zoned Multiple-Family Residence (R3). The General Plan land use designation for the entire site is General Commercial (GC). Surrounding land uses include commercial uses to the north, a mortuary to the east, Santa Ana Unified School district offices to the south and office buildings to the west (Exhibits 1, 2 and 3). Exhibit A Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 2 Project Description Azure Plaza Partners, LLC is proposing to convert an existing 150-room hotel into a 128-room licensed residential care facility for the elderly (RCFE). The facility will provide 24-hour care and supervision for up to 147 residents age 60 and above. The first floor will be modified to accommodate a new entrance lobby, sitting area, dining rooms, medical clinic, beauty salon, exercise room, therapy pool, and three rooms to house non-ambulatory residents. The existing swimming pool and amenity deck will continue to operate and be restored to meet accessibility standards. The second through tenth floor will house most of the residents in rooms that will vary in size from 335 to 425 square feet. Each room will have private accessible bathroom facilities, a closet and a small counter, but no kitchen facilities as these are rooms within a care home environment and not individual residential units. The central core on each floor will have a community space intended to provide a variety of stimulating activities for the residents. These will include meeting and business rooms, library, theater, card/game room, arts and crafts room, billiards/sports room, dance studio and worship area. Additional service facilities, such as private resident storage, will be provided on the seventh and eighth floors and a common laundry facility on the fourth floor. The applicant is also proposing several site improvements. The primary vehicular entrance and interior site circulation will be simplified and flanked by plazas. The plaza adjacent to the restaurant will have a trellis and canopy trees to provide a comfortable outdoor seating area for the restaurant, while the plaza to the west will be developed with canopy trees, seating and a water feature to define the entrance and provide a pedestrian friendly connection to the street. On the undeveloped portion of the lot will be a new parking area built in compliance with city standards. The existing parking lot will be repaired as needed and re-striped, and the landscaping and exterior lighting will be restored to comply with current codes. The existing restaurant will be remodeled to better serve the tower residents as well as the public at large. The lounge area will be converted into a juice/ice cream bar. Another portion of the restaurant will be converted into a coffee shop/deli. A third portion of the existing restaurant will continue to operate as a full service restaurant. The kitchen will prepare meals for the restaurant, coffee shop/deli and the residents of the tower. The restaurant will operate seven-days a week from 6:00 am to 11:00 pm. No Alcohol Beverage Control license is requested. Lastly, exterior modifications to the tower and restaurant are also being proposed in order to update its architecture. The buildings will be painted in muted colors and the glazing system will be replaced with a more energy efficient system. To update the architectural style of the tower, a new horizontal louver system will be installed over the open stairs and elevator shaft, and a new roof railing feature painted in a contrasting color will be added to the top of the tower. The mansards on the restaurant and porte-cochere will be removed and the architecture will be streamlined. Trellises will be added to accent the restaurant entrances and seating areas (Exhibits 4, 5 and 6). Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 3 Analysis of the Issues The proposed project entails two separate actions for consideration: The rezoning of portions of the lot which are zoned R1 and R3 to C2 and the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE). The section below will analyze each of these actions. Amendment Arolication As a mature city, the City of Santa Ana has seen many changes in its policies that direct development. As such, there are many parcels that have zoning designations that no longer are consistent with the General Plan land use designation or even with the development of the site. The hotel and restaurant were entitled in 1969 with a use variance that allowed development on the portion of the lot that was zoned R1. In 1969, the site had split zoning; the northern 183 feet adjacent to First Street was zoned C2, while the remainder of the lot was zoned R1. In 1989, the zoning of the portion of the lot occupied by the tower was changed from R1 to C2 to bring consistency between the land use, the zoning designation and the General Plan land use designation, leaving a small island in the center of the lot zoned R1. It has been the Planning Division's policy to correct situations like this, where the development is consistent with the General Plan land use designation, but inconsistent with the zoning, as projects are brought forward. As such, the proposed zone change represents only a clean-up to create consistency between the zoning and general plan land use designation. Conditional Use Permit The Santa Ana Municipal Code allows care homes in the General Commercial (C2) zoning district subject to a conditional use permit. Care homes are commercial facilities that are maintained and operated to provide living accommodations for and 24-hour care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. Residential Care Facilities for the Elderly (RFCE) are non-medical facilities that provide room, meals, housekeeping and supervision; distribute medication; and provide personal care assistance with basic activities like hygiene, dressing, eating, bathing and transportation for the elderly. This level of care and supervision is for people who are unable to live by themselves, but who do not need 24-hour nursing care. RCFEs are considered non-medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff. RFCEs or Assisted Living Facilities, as they are sometimes also known, must meet care and safety standards set by the State and are licensed and inspected by the Department of Social Services, Community Care Licensing (CCL). The State not only regulates the service providers, but also ensures compliance with the City standards. Since 1996, Azure Partners has successfully embarked on three hotel conversion projects in the Los Angeles area and have converted more than 300 hotel rooms into senior housing. Since this is their first proposal for a Residential Care Facility for the Elderly as a team, they have assembled a partnership where individual members' experience includes operating and administering licensed (RCFEs) and currently operate two small facilities in Orange County. Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 4 A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen negative impacts associated with a care home use and its operations. Since this is the first project of its kind for the City, the Planning Division and Police Department are proposing conditions of approval to ensure the project maintains its high quality through time and does not transition into an undesired or unintended use_ The Planning Division's conditions are intended to ensure the facility will contribute to the general well being of the community and will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues. Conditions, such as requiring the facility to maintain its license and a high level of amenities to its residents are recommended. The Police Department's conditions refer to business operations and physical improvements to improve safety, such as requiring security guards to patrol the parking lot and upgrades to exterior lighting. The Police Department proposes a review of the project at six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Conclusion The project is consistent with the purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it would further the following General Plan goals and policies: Land Use Goal 1 Promote a balance of land uses to address the basic community Element needs. Policy 1.5 Maintain and foster a variety of residential land uses in the City. Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 5.1 Promote development which has a net community benefit, and enhances uali of life. Housing Policy HE-4.4 Self Enriched Housing. Support efforts to increase the availability Element of supportive services and service-enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. As conditioned, the project will not create additional negative impacts to the surrounding business and residents; instead it will stabilize the First Street commercial corridor by creating new long term employment opportunities and providing a service that is needed in the community. Therefore, staff recommends approval of Amendment Application No. 2010-01 and Conditional Use Permit No. 2010- 15 as conditioned (Exhibits 7 and 8). Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15332, class 32. Class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Environmental Review No. 2008-140 will be filed for this project. Senior/Planner Principal Plan r Lucy Li naus, AIA c Vincent Frego , AICP LL:jm llMeports4pc8za1cup10-75aa70-01 Azure Plaza.pc 75A-8 4 uxt xt H7 R1 Rl -t? __? t- '__ u? p? D ""? R7 3 R7 ° R4 R4_-PRD g ' K? 0t' ' I i `I I uNt L?xalµfCd1 ?' R3 ` i???l a R7 Rt ? n I O i ? ? ,1 .ta rv y Tr R3 R1 ! PRD w 1 .ta N SD-21 R1 R1 R1 Rt R1? R1 O ? 3 Rq p x uxz R1 ?.t? R1 R -- a Rt R1 ?' P-OZ1-F r?lr t _ I ' R7 R7 Rl S P-OZ1-F rczls S z uxz ? v. ? -? P-OZI-F ? I?.r G7 O ? " P P ... P C T. DDR ® i P P P P p - -_ T CDR 4_ R2 r r ? 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F ra R??6??'SO???? ??y ?j i? }?y??T?' ??°Y pfd. y G ?f$ e? ® ®? ? ?? I Key x t ??'?*? 8 6 ~ V S ? LL Z £ W a < ?? W ,,, „' a o r J o Z ? N a N 4- r u 5 of 5 AA1 O-O 1 JC U P 10-15 EXHIBIT 6 75A-28 Conditional Use Permit No. 20'10-15 September 13, 20'10 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed conversion of a '150-room hotel into a '128-room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could othervvise affect the health, safety, or general welfare of persons residing or working in the vicinity- C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use'? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. EXHIBIT 7 Conditional Use Permit No. 2010-15 September 13, 2010 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1 .5, 2.8 and 5.1 of the land use element and Policy HE-4.4 of the Housing Element The project site is not located within any specific plans. SEPTEMBER 13, 20'f O PAGE 1 OF 3 Conditions for Aaaroval Conditional Use Permit No. 2010-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planningi Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010-15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State for a Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147_ 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with Internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. c. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card/game room with a minimum capacity of 30 occupants. EXHIBIT 8 SEPTEMBER 13. 2010 PAGE20F3 f. A fully fumished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully fumished billiards/sports room with a minimum of two playing stations. h_ A fully furnished dance studio with a minimum capacity of 15 occupants. A fully furnished worship area with a minimum capacity of 30 occupants. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironingffolding area. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. m. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 10. No banquet facilities as defined by SAMC Section 41-25, medical marijuana dispensary as defined by Section 41-121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 75A-32 SEPTEMBER 13. 2010 PAGE 3 OF 3 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. B. Police ?eoartmant 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12-inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 2417 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A-33 75A-34 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 1600 EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE (R1) AND MULTIPLE-FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C-2) (AA NO. 2010-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1 . The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of Amendment Application No. 2010-01 and Conditional Use Permit No. 2010-15 to allow a senior care home at 1600 East First Street. B. On September 13, 2010, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1 . Adopt an ordinance approving Amendment Application No. 2010-01 . 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. C. On October 4, 2010, the City Council of the City of Santa Ana held a duly noticed public hearing, and at that time decided to continue the matter. On _ 2010, the City Council of the City of Santa Ana again held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Amendment Application No. 2010-01 has been filed with the City of Santa Ana to zone a portion of the property located at 1600 East First Street from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C-2). E. Amendment Application No. 2010-01 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Land Use Element Goal No. 1 .O. 2. Maintain and foster a variety of residential land uses in the City. Land Use Element Policy 1.5. 75A-35 3. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Land Use Element Policy No. 2.8. 4. Promote development which has a net community benefit, and enhances quality of life. Land Use Element Policy No. 5.1 . 5. Self Enriched Housing. Support efforts to increase the availability of supportive services and service-enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. Housing Element Policy HE?.4. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1600 East First Street is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated 201 O accompanying this matter. For these reasons, and each of them, Amendment Application No. 2010-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. Conditional Use Permit No. 2010-15 as conditioned came before the City Council on , 201 O. This ordinance incorporates by reference, as though fully set forth herein, the Conditional Use Permit in support of this ordinance and the findings made herein. Section 2. The real property located at 1600 East First Street is hereby zoned from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C-2). (AA No. 2010-01) Amended Sectional District Map number 17-5-9 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated 201 O and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75A-36 ADOPTED this day of , 201 O. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-37 75A-38 ROH - xx/xx/xx RESOLUTION NO. 2010-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-15 AS CONDITIONED TO ALLOW A- SENIOR CARE HOME AT 1600 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2010-15 to operate a senior care home in the General Commercial (C2) zoning district for the property located at 1600 East First Street. B. Santa Ana Municipal Code Section 41-377.5 allows senior care homes in the C2 zoning district subject to the issuance of a conditional use permit. C. Conditional Use Permit No. 2010-15 came before the City Council of the City of Santa Ana for a duly noticed public hearing on October 4, 201 O. At that time, the City Council continued the matter for another duly noticed public hearing on 2010. D. The City Council determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2010-15 to allow a senior care home: The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed conversion of a 150-room hotel into a 128- room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. 7CJA?39 Resolution No. 20'10-xx Page 1 of 4 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1 , and Policies 1 .5, 2.8 and 5.1 of the land use element and Policy HE-4.4 of the Housing Element The project site is not located within any specific plans. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332, class 32. This class 32 exemption allows infill development projects 75A?4? Resolution No. 20'10-xx Page 2 of 4 occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Categorical Exemption Environmental Review No. 2008-140 will be filed for this project. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2010-15 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this day of 201 O by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney 75/?1?41 Resolution No. 2010-xx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the City Council City of Santa Ana 75A?42 Resolution No. 20'10-xx Page 4 of 4 Conditions for Approval for Conditional Use Permit No 2010 15 Conditional Use Permit No. 2010-15 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninstt Division All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010-15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State fora Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147. 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with Internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. c. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card/game room with a minimum capacity of 30 occupants. Resolution No. 2010-xx Page 5 of 4 75A-43 September 13, 2010 PAGE 2 OF 3 f. A fully furnished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully furnished billiards/sports room with a minimum of two playing stations. h. A fully furnished dance studio with a minimum capacity of 15 occupants. i. A fully furnished worship area with a minimum capacity of 30 occupants. j. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironing/folding area. I. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. m. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 75A-44 September 73, 20'10 PAGE3OF3 10. No banquet facilities as defined by SAMC Section 41-25, medical marijuana dispensary as defined by Section 41-121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. 13. Prior to issuance of a building permit, the applicant shall submit a final landscape plan to the Planning Commission for review and approval (Recommended by the Planning Commission on September 13, 20'I O). B. Police Der?artment 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12-inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 24/7 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A-45 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d, Santa Ana, California 92702. I served the foregoing document described as: in this action by placing a true copy ereo enc ose in sea a enve opes a resse as follows: [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARIA D. HUIZAR 75A-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: PUBLIC HEARING - FILED BY THE CITY OF SANTA ANA TO AMEND PROVISIONS OF CHAPTER 41 ESTABLISHING A REASONABLE ACCOMMODATION PROCESS (ZONING ORDINANCE AMENDMENT NO. 2010-03) /CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2010-03 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a process whereby persons with disabilities may request reasonable accommodations from the City's development standards. PLANNING COMMISSION ACTION On January 24, 2011, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2010-03 by a vote of 7:0 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a process whereby persons with disabilities may request reasonable accommodations from the City's development standards. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. <--?L J8y-1 . Trevino Executive Director Planning & Building Agency KH:rb kh/Staff Reports/ZOA 2010-03 Reasonable Accommodation Process.cc Exhibit: A. Planning Commission Staff Report 75B-1 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 24, 2011 TITLE: PUBLIC HEARING - FILED BY THE CITY OF SANTA ANA TO AMEND PROVISIONS OF CHAPTER 41 ESTABLISHING A REASONABLE ACCOMMODATION PROCESS (ZONING ORDINANCE AMENDMENT NO. 2010-03) Prepared by Karen Haluza Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manager Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2010-03 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a process whereby persons with disabilities may request reasonable accommodations from the City's development standards. DISCUSSION Request of the Awlicant The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) in order to establish a process whereby persons with disabilities may request deviations from the City's development standards in order to ensure that they may have equal opportunity to use and enjoy a dwelling. Analysis of the Issues The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act prohibit discrimination against individuals with disabilities; as such disability may limit housing opportunities and access -to housing. These fair housing laws require that cities and counties provide individuals with disabilities flexibility in the application of land use and zoning, and building regulations, practices and procedures. Local jurisdictions could even be asked to waive certain requirements when it is necessary to eliminate barriers to housing opportunities. The City's development standards, while they are not intended to create barriers to the full access of individuals to their homes, may, in some cases, need to be deviated from in order to ensure equal access to persons with disabilities. Currently, a process exists whereby an individual may request a deviation from the City's development standards through a variance or minor exception. However, that process isn't suitable for all cases where the deviation is needed in order to provide a Exhibit A 1 ZOA No. 2010-03 January 24, 2011 Page 2 reasonable accommodation due to a disability. In addition, the process itself requires a complete Site Plan Review submittal and public hearing that would not be necessary for most cases where a reasonable accommodation is requested. Rather than require such individuals to apply for a variance from these standards, staff recommends that the City establish a reasonable accommodation process, which would be approved at the administrative level, in order to remove any barriers to access that might otherwise result from the enforcement of the City's development standards. To this end, the Planning and Building Agency and the City Attorney's Office have researched model ordinances prepared by Mental Health Advocacy Services, as well as variations of this ordinance adopted by the cities of Long Beach, Orange, Santa Rosa, Sacramento, San Jose, Pleasant Hill and Glendale. The ordinance establishes a simple ministerial process which can be used by individuals needing deviations from the City's standards to allow a physical change to some component of their residence, or property, in order to accommodate a speck need resulting from their disability. For example, a resident who uses a wheelchair may have a wheelchair-accessible van that cannot fit in a standard garage. In order to accommodate the vehicle, a deviation may be requested to allow a new garage that, due to its larger size, may need to encroach into a setback area. With this ordinance in place, the resident in this example may apply for a reasonable accommodation to allow the construction of the garage within the setback area as opposed to having to go through the more in-depth discretionary review and approval process of the variance. Staff recommends that an ordinance to establish a reasonable accommodation procedure for people with disabilities be adopted in order to ensure that such individuals may have equal opportunity to use and enjoy a dwelling. Staff further recommends that, based on the number of projected applications and the relatively small amount of staff work required, no fee be established for such requests. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b) (3) of the CEQA Guidelines. This exemption is allowed when the activity, in this case the recommendation of adoption of the ordinance, follows the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The establishment of a reasonable accommodation process will not have a significant effect on the environment. A Notice of Exemption (Environmental Review No. 2010-135) will be filed for this project. - V I LA7,e-k- Karen Haluza, AICP Planning Manager KH:jm kh/Stab Reports/ZOA 2010-03 Reasonable Accommodation Process.pc (ROH - 02/07/11) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING A PROCEDURE FOR PEOPLE WITH DISABILITIES TO REQUEST REASONABLE ACCOMMODATIONS TO ENSURE EQUAL ACCESS TO HOUSING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Individuals with disabilities should be provided equal opportunity to the use and enjoyment of a dwelling. To that end, the City's rules and policies should provide for reasonable accommodations so as not to unfairly hinder such access and enjoyment. B. The state Fair Employment and Housing Act and the federal Fair Housing Act make it unlawful to refuse to make reasonable accommodations in the rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. This has been interpreted by the courts to apply to local government agencies. C. A procedure to grant reasonable accommodations to the City's rules, policies and practices shall be established. D. It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures of the City to comply fully with the intent and purpose of the Acts. E. The Request for Council Action for this ordinance dated February 7, 2011, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral 75B-5 testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 41-49 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-49. Disabled Person. For purposes of the reasonable accommodation process detailed in Sections 41-652, et seq., any person who has a medical condition, physical disability, or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or, anyone who has a record of such impairment. People who are currently using illegal substances are not covered unless they have a separate disability. Section 3. Section 41-141 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-141. Reasonable Accommodation. A modification or exception to the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's planning and zoning programs. Section 4. Section 41-652 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-652. Reasonable Accommodation -Application Process. (a) Notice to the public of availability of accommodation process. The Agency shall prominently display in both City Hall and the Planning and Building Agency a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Division. Ordinance No. NS-XXX 75B-6 Page 2 of 7 (b) Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this division to modify a land use or zoning standard, regulation, policy, and procedure of the City as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under this section. (c) Application. An application for reasonable accommodation shall be submitted on a form prescribed by the Executive Director of the Planning and Building Agency, or in the form of a letter addressed to the Executive Director. (d) Privacy. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. (e) Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. (f) Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. (g) Filing Fees. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division. Section 5. Section 41-653 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-653. Reasonable Accommodation - Review. (a) Executive Director Review. An application for reasonable accommodation shall be reviewed by the Executive Director of the Planning and Building Agency, or his or her designee, as appropriate. (b) Decision. Within sixty (60) days of acceptance of the application as complete, the Executive Director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with Section 41-654 and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the Executive Director's findings on the factors stated in Section 41-654. If necessary to reach a determination on the request for reasonable accommodation, the Executive Director may request additional information from the applicant consistent with The Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for Ordinance No. NS-XXX 75B-7 Page 3 of 7 additional information is made, the sixty (60) day period to issue a decision is stayed until the applicant responds to the request. (c) Referral to Other Reviewing Authority. The Executive Director shall have the authority, upon his or her sole discretion, to refer any reasonable accommodation application to any other reviewing authority, including, but not limited to, the Planning Commission, the Zoning Administrator, or the Historic Resources Commission, to review the reasonable accommodation application and make a determination on the same in accordance with the applicable Sections. Section 6. Section 41-654 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-654. Reasonable Accommodation - Standards. (a) Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following factors: 1. Whether the housing or housing related facilities, which are the subject of the request, will be used by an individual with a disability under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning. 5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties. 6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures. 7. Whether alternative reasonable accommodations could provide an equivalent level of benefit. Ordinance No. NS-XXX 75B-8 Page 4 of 7 8. Whether the property is in compliance with the then existing laws and regulations otherwise applicable to the property that is the subject of the request. If any non-compliance is through no fault of the applicant or unrelated to the request for reasonable accommodation, the Executive Director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with the Santa Ana Municipal Code. (b) Conditions of Approval. In granting a request for reasonable accommodation, the Executive Director of the Planning and Building Agency may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. (c) Restrictive Covenant. When applicable, the City shall enter into a restrictive covenant with the owner of the property which provides that prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the City's zoning code to the extent that relief was provided under the zoning code as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property being granted the reasonable accommodation. The restrictive covenant shall provide that the reasonable accommodation does not run with the land and shall terminate upon any sale, transfer, lease or other conveyance of the property. Upon submittal of a new application for a successor in interest to the property, the Executive Director may consider a continuation of the reasonable accommodation if it is consistent with and does not extend the original approval. Section 7. Section 41-655 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-655. Reasonable Accommodation - Miscellaneous Provisions. (a) Time Extension; Voidance; Revocation. Any reasonable accommodation approved in accordance with the terms of this Article may be extended, voided, or revoked for the same reasons and in the same manner as a conditional use permit, as detailed in Article V of this Chapter, or for any violations of this Article, or for any violations of the terms and conditions of the reasonable accommodation, or if any law is violated in connection with the use of the reasonable accommodation. Ordinance No. NS-XXX 75B-9 Page 5 of 7 (b) Resubmittal of Applications. No request for reasonable accommodation that has been denied in whole or in part shall be filed again within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the Executive Director of the Planning and Building Agency. (c) Modifications. A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the Executive Director the requested modification results in only a minor change, is within the authority of the Executive Director to approve, and is consistent with the original approval. (d) Appeals. The applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination as provided in Chapter 3 of this Code. Section 16. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2011 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney Ordinance No. NS-XXX 75B-1 0 Page 6 of 7 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 758-11 Page 7 of 7 75B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2011 TITLE: PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending various sections of the Santa Ana Municipal Code to temporarily defer collection of development fees until the issuance of certificates of occupancy/compliance. DISCUSSION Development activity in Orange County continues to experience the effects of the economic slow- down. Although there have been recent indications that development activity is beginning to increase, it is anticipated to be a slow recovery. In 2008, the City Council adopted a one-year development impact fee deferral program to help stimulate development. Programs similar to Santa Ana's were adopted by a number of cities in Orange County and more than 75 jurisdictions statewide. Santa Ana, like most cities, collects various fees to offset impacts created by new development. These impact fees provide funding for both new infrastructure and for improvements to existing infrastructure, including street circulation and park development. Development impact fees can represent a sizable up-front cost, and in some cases be the deciding factor in the financial feasibility of a project. Allowing these fees to be deferred until the project is nearly complete provides a valuable incentive to both the developer and lender by reducing the time between the investment of money into a project and realizing a return on that investment in the form of sales or leasing of the building and/or units. Allowing construction to commence with a deferment has the potential to benefit the City in a variety of ways including: (a) accelerating increases in property tax valuation due to assessment as improved land; (b) collection of sales tax on building materials purchased locally; (c) revenue from business license taxes from contractors and design professionals; and (d) employment of construction personnel and their spending in the local area. 75C-1 Ordinance Temporarily Deferring Collection of Development Impact Fees February 7, 2011 Page 2 Although the fee deferral program was not utilized during its original approval period from 2008 to 2009, there are several sizable developments proposed within the City that could benefit from this program if approved. Applicable projects include residential developments like Lyon Homes, a 300- unit development near Hutton Center, TAVA Homes, a new single-family development in the Portola Park neighborhood and commercial projects such as a new 15,000 square foot Rite Aid near Harbor Boulevard and First Street, the expansion of the Discovery Science Center and the One-Broadway Plaza office building. A temporary one-year deferral program is recommended as a stimulus for both residential and non- residential development. To ensure that fees are paid prior to certificate of occupancy/compliance, provisions in the draft ordinance require a developer to execute a contract to pay the fees, with interest, prior to issuance of the certificate of occupancy/compliance. This contract will be recorded with the Orange County recorder and constitute a lien for the payment of the fees. Alternatively, the obligation will be secured by an irrevocable letter of credit from the developer. So as to avoid any fiscal impact to the City, the ordinance further provides that a developer will offset the City's costs to implement and administer the fee deferral program. The ordinance will be in effect for one year, unless extended for one additional year by further action of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action J ?Trev i no Executive Director Planning & Building Agency MF:rb mflreportsTee deferral RFCA 75C-2 January 13, 2011 Mr. Jay Trevino Executive Director Planning & Building Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Re: Fee Deferral Extension Request Mr. Trevino, I am writing on behalf of the membership of the Building Industry Association of Southern California, Orange County Chapter (BIA/OC) to formally request an extension to the City of Santa Ana's Development Impact Fee (DIF) deferral program. It is no secret that the last few years have been extremely difficult for our industry. We have seen numerous bankruptcies and hundreds of lay-offs. This economy has been unforgiving to say the least. However, there have been some bright spots. Many local government agencies like the City of Santa Ana have worked in partnership with our association to accelerate the recovery process. One of the most beneficial actions by local agencies has been the development fee deferral program. State-wide, over 75 individual jurisdictions have deferred fees. Locally, 13 individual jurisdictions, including the first school district (AUHSD), have adopted temporary fee deferral programs. The results have been better than expected. In high growth cities like Anaheim and Orange, construction has resumed putting local residents back to work. Jurisdictions have realized the benefits of this stimulus by way of increased revenue to their general funds. Agencies are now going through the process of extending programs that are set to expire. Our industry anticipates residential development will resume in the next 18 months, and we are confident that the extension of fee deferrals will create an incentive opportunity. BIA/OC and our membership is grateful that the City of Santa Ana is considering to extending the original fee deferral program. We appreciate the willingness of Santa Ana to partner with our industry during these difficult times. The result will be a mutually beneficial path to local economic recovery. Thank you for your thoughtful consideration. Sincerely, 1 Bryan M. Starr Deputy Executive Officer, BIA/OC Orange County Chapter Huddms II'd-II, Associan on of Suulh-, Cahf("ma 17744 Sky Park Circle Suite 170 Irvine, California 92614 949.553.9500 fax 949.553.9507 wlvw.biaoc.com ?Tw?r,ne?chamcsrn Rtch.com four inductrvs armprehen?ice online-gwdc W nea homes PRESIDENT BILL WATT SAYWOOD DEVELOPMENT VICE PRESIDENT MICHAEL McCANN CALMAR DEVELOPMENT 2"' VICE PRESIDENT CHRIS HAINES PULTE GROUP TREASURER DAVE BULLOCH STANDARD PACIFIC HOMES SECRETARY BRIAN DOYLE WILLIAM LYON HOMES IMMEDIATE PAST PRESIIDENT DAVE BARTLETT BROOKFIELD HOMES TRACE CONTRACTOR COUNCIL V P. TOM RHODES TWR ENTERPRISES ASSOCIATE VICE PRESIDENT MARK HIMMELSTEIN NEWMEYER & DILLION, LLP MEMBER-AT-LARGE MIKE WINTER SARES-REGIS GROUP KRISTINE THALMAN CHIEF EXECUTIVE OFFICER 75C-3 75C-4 (ROH 02/07/11) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigation Fee Act (Government Code section 66000, et seq.) authorizes the City to adopt and regulate monetary exactions for the purpose of defraying all or a portion of the public facility costs relating to a development project. The development impact fees are charged as a condition of approval and are used to alleviate the effects of development on the community by financing public improvements, services, or programs that bear a reasonable relationship to the development. Virtually all California cities, including Santa Ana, require applicants to pay mitigation fees as a precondition to issuing a building permit. The City may determine when such fees are to be paid. B. The City relies on new development to stimulate the local economy and to provide direct and indirect benefits to its residents and business by creating construction jobs, new market-rate and affordable housing, and new tax-base revenues for the City. C. This ordinance is intended to alleviate certain barriers to development, in light of the challenges facing the development industry in a fluctuating market economy, by allowing eligible project applicants to defer certain development impact fees. D. The Request for Council Action for this ordinance dated 2011, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 Ordinance No. NS-XXX Page 1 of 6 75C-5 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Definitions. The following words and phrases are defined for purposes of this ordinance as follows: "Applicant" means the owner or owners of record of the real property for which a fee deferral is sought pursuant to this ordinance. "Code" means the Santa Ana Municipal Code. "Executive Director" means the Executive Director of the Planning and Building Agency of the City. "Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of impact fees. "Eligibility Criteria" means an objective standard established by the Executive Director with concurrence of the City Manger, which may be amended from time to time as deemed necessary, used to determine appropriateness for incentives under this Chapter. "Fee Deferral Agreement" means an agreement, including a deed of trust, by and between the Applicant and the City in a form acceptable to the City Attorney, which is a prerequisite requirement for approval for any fee deferral under this ordinance. The Fee Deferral Agreement shall include provision for the payment of the City's reasonable costs in preparing. "Nonresidential" means (a) those commercial business activities which are permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning districts as set forth in Title 41 of this Code, or (b) those industrial business activities which are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this Code. "Subject Property" means the real property owned by the Applicant subject to the Fee Deferral Agreement. "Residential" means those activities which are permitted or allowed in the RE, R1, R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41- 143 of this Code, and includes a live-work community as set forth in section 41-101.5 of the Code. Ordinance No. NS-XXX Page 2 of 6 75C-6 Section 3. Deferral of Development Impact Fees for Residential and Nonresidential projects. A. Notwithstanding any other provisions of this Code, some or all of the development impact fees imposed on new Residential or Nonresidential buildings and structures located in the City may, upon application by an Eligible Applicant and approval of the Executive Director, be deferred subject to the provisions set forth below. Fees eligible to be deferred shall be: • Parks Acquisition and Development Fee • Drainage Area Master Plan Fee • Transportation System Improvement Fee (TSIP) • Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and retained by the City) • Fire Facilities Fee • Sewer Connection Fee B. Prior to the City's consideration of an application for deferral of impact fees, the Applicant shall provide to the Executive Director, at the Applicant's sole cost and expense, a current preliminary title report on the Subject Property. C. No deferral shall be effective until the Applicant provides security to the City in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance, approved by the City Manager and in a form acceptable to the City Attorney. D. The maximum deferral period shall be: 1. Prior to the final inspection or issuance of a temporary certificate of occupancy or final certificate of occupancy for the new building or structure on the Subject Property, whichever comes first, or 2. One (1) year from the date of issuance of the building permit for the Subject Property. E. Notwithstanding any provision to the contrary, the deferred impact fees not paid at the time of building permit shall be subject to: 1. Interest on unpaid fees at the annual rate of interest which the City earns on its investment of pooled funds shall accrue from the date of issuance of the initial building permit until the deferred impact fees and all accrued interest is paid, and 2. An additional up-front charge shall be added to the unpaid amount to cover the administrative costs incurred in processing the fee deferral application and administering the fee deferral program. Ordinance No. NS-XXX Page 3 of 6 75C-7 Section 4. Form of Security for Unpaid Development Impact Fees. A. As a condition of the deferral, the City shall require the property owner, or lessee if the lessee's interest is of record, to execute prior to and as a condition of issuance of a building permit, a Fee Deferral Agreement, which shall provide that the deferred development impact fees shall be paid within the time set forth in section 4.D. of this ordinance, and secured by an obligation that shall inure to the benefit of, and be enforceable by the City, evidenced by either: 1. a senior, unsubordinated recorded lien on the Subject Property which shall be enforced against successors in interest to the property owner or lessee, releasable when the obligation is paid in full, which shall in the case of a Residential project include requirement for an escrow instruction providing for payment out of escrow from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the Applicant's option, 2. an irrevocable letter of credit from the Applicant in a form approved by the City Attorney, which shall be releasable when the obligation is paid in full. B. The payment of such development impact fees shall be deemed a debt due and owing to the City at such time as set forth herein, which debt shall only be deemed satisfied and discharged upon payment in full to the City. The City may pursue collection through all available legal and administrative means including, but shall not be limited to, judicial or non judicial foreclosure of the recorded lien against the Subject Property, a demand upon the irrevocable letter of credit, and/or civil judgment against the Applicant for breach of the Fee Deferral Agreement and/or the security provided hereunder. Section 5. Applicability. This ordinance and the incentives derived hereunder shall apply only to new development projects that have not obtained a building permit from the City at the time this ordinance is adopted by the City Council. This ordinance shall remain in effect for twelve (12) months from the adoption date, and as of that date is repealed unless a City Council adopts a further ordinance of resolution to extend that sunset date for an additional period not to exceed twelve (12) months. Section 6. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Nothing contained in this ordinance is deemed to authorize or permit the deferral of payment of any fee or charge imposed upon Residential or Nonresidential development in the City except for those development impact fees expressly set forth in section 2 above. Ordinance No. NS-XXX Page 4 of 6 75C-8 Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX Page 5 of 6 75C-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 6 75C-10